News
Associated Press Reported on the Trail Expansion in Indiana
Lewis Rice Rails to Trails attorney Lindsay Brinton was featured in an Associated Press article discussing trail expansion in Indiana. Lindsay represents landowners along former railroad tracks and expressed her concerns about property devaluation and fair compensation with the ongoing development of the Cardinal Greenway trail within the proposed Great American Rail-Trail.
To read the full article, click under "Resources" below.
Lewis Rice's federal takings attorneys represent landowners throughout the United States pursuing takings claims against the federal government. One primary focus of the group is representing landowners in what is commonly referred to as rails to trails takings. Attorneys in this group litigate cases in the United States Court of Federal Claims on behalf of those whose property was taken by the federal government pursuant to the National Trails System Act, which authorizes abandoned railroad lines to be converted to public parks. The goal is to obtain compensation from the government for the taking of their land for the public recreational trail.
Lewis Rice Rails to Trails Team Represents Landowners in Hudson Valley
Lewis Rice Rails to Trails attorneys Lindsay S. C. Brinton and Meghan S. Largent were recently interviewed by The Journal News regarding their representation of landowners in Hudson Valley along the Beacon Line Trail in New York. Landowners like Ian Mandrew Prendergast often are unaware that their property rights are involved until they meet with Lindsay and Meghan. The article highlights the attorneys' successful track record, with numerous settlements totaling millions of dollars.
To read the full article, click under "Resources" below. Note, only subscribers may access this article.
Lewis Rice's federal takings attorneys represent landowners throughout the United States pursuing takings claims against the federal government. One primary focus of the group is representing landowners in what is commonly referred to as rails to trails takings. Attorneys in this group litigate cases in the United States Court of Federal Claims on behalf of those whose property was taken by the federal government pursuant to the National Trails System Act, which authorizes abandoned railroad lines to be converted to public parks. The goal is to obtain compensation from the government for the taking of their land for the public recreational trail.
FarmProgress Discusses Rails to Trails Compensation
FarmProgress published an article discussing the conversion of unused railroad rights-of-way into walking and biking trails in the United States, and how that affects agriculture. The article references a webinar for the National Agricultural Law Center in which Lewis Rice members Lindsay S. C. Brinton and Meghan S. Largent outline the process for filing for compensation for rail-trail conversions. Lindsay showcased examples like the Legacy Trail in Sarasota, Florida, highlighting how defunct railroad lines are repurposed into public amenities and explaining how affected landowners may receive just compensation for the taking of their land.
To read the full article or watch the free recording of this webinar, click under "Resources" below.
Lewis Rice's federal takings attorneys represent landowners throughout the United States pursuing takings claims against the federal government. One primary focus of the group is representing landowners in what is commonly referred to as rails to trails takings. Attorneys in this group litigate cases in the United States Court of Federal Claims on behalf of those whose property was taken by the federal government pursuant to the National Trails System Act, which authorizes abandoned railroad lines to be converted to public parks. The goal is to obtain compensation from the government for the taking of their land for the public recreational trail.
Southern Indiana Landowners Compensation Claim Deadline Approaching
February 27, 2024 marks the final deadline for southern Indiana landowners to seek compensation from the federal government for the taking of their land for the Monon South Trail conversion. After February 27, landowners who have not yet filed a claim for compensation will be forever barred from doing so. WBIW highlights the urgency of this cutoff, noting that the Lewis Rice Rails to Trails attorneys, Lindsay S. C. Brinton and Meghan S. Largent, have a series of cases that have been settled. These affected landowners anticipate receiving their compensations within the year.
To read the full article, click under "Resources" below.
Lewis Rice's federal takings attorneys represent landowners throughout the United States pursuing takings claims against the federal government. One primary focus of the group is representing landowners in what is commonly referred to as rails to trails takings. Attorneys in this group litigate cases in the United States Court of Federal Claims on behalf of those whose property was taken by the federal government pursuant to the National Trails System Act, which authorizes abandoned railroad lines to be converted to public parks. The goal is to obtain compensation from the government for the taking of their land for the public recreational trail.
Hendersonville Lightning Unveils the Ecusta Trail’s Controversial Side
In Henderson County, North Carolina, Hendersonville Lightning talked to landowners affected by the Ecusta Trail construction who feel disheartened by the taking of their property for trail use. One landowner in particular, Roxy Goodwin, expressed concerns about the lack of communication and collaboration with the contractor involved with trail development after her stone wall, gravel driveway, and Leyland Cypress trees were all removed with little communication about the process. Many landowners are also awaiting just compensation from the Federal Government for the taking of their land. Lewis Rice attorneys Lindsay S. C. Brinton and Meghan S. Largent represent many of the landowners along the Ecusta Trail. While Lindsay and Meghan are "trail neutral", their goal is to obtain compensation from the government for the taking of these property owners' land.
To read the full article, click under "Resources" below.
Lewis Rice's federal takings attorneys represent landowners throughout the United States pursuing takings claims against the federal government. One primary focus of the group is representing landowners in what is commonly referred to as rails to trails takings. Attorneys in this group litigate cases in the United States Court of Federal Claims on behalf of those whose property was taken by the federal government pursuant to the National Trails System Act, which authorizes abandoned railroad lines to be converted to public parks. The goal is to obtain compensation from the government for the taking of their land for the public recreational trail.
BlueRidgeNow Reported Ecusta Trail Property Owners Demand Payment in Federal Lawsuits
A recent article by BlueRidgeNow reports that nearly 200 landowners along the Ecusta Trail argue they have yet to receive compensation for their land, despite several lawsuits filed in the United States Court of Federal Claims since June 2021. Meredith Shrinivas, a Lewis Rice paralegal, says, "The counties, trail groups and railroad are not parties in these cases. We have 172 clients and 203 claims (individual land parcels) between the Austin, Bridges and Dalla cases." If settlements are not possible, the trial will proceed in June 2024. If successful, the compensation awarded to each landowner could vary, ranging from a few thousand dollars to hundreds of thousands of dollars, depending on the appraisals for each parcel.
To read the full article, click under "Resources" below. Note you must subscribe to BlueRidgeNow to read the article.
Lewis Rice's federal takings attorneys represent landowners throughout the United States pursuing takings claims against the federal government. One primary focus of the group is representing landowners in what is commonly referred to as rails to trails takings. Attorneys in this group litigate cases in the United States Court of Federal Claims on behalf of those whose property was taken by the federal government pursuant to the National Trails System Act, which authorizes abandoned railroad lines to be converted to public parks. The goal is to obtain compensation from the government for the taking of their land for the public recreational trail.
An Overview of Landowners’ Rights in Federal Rail-to-Trail Conversions
On January 17, 2024, Lewis Rice members Lindsay S. C. Brinton and Meghan S. Largent presented a webinar hosted by The National Agricultural Law Center. This presentation addressed the process for federal rail-trail conversions under the National Trails System Act’s Section 1247(d), the related process in the federal Surface Transportation Board, and related Fifth Amendment litigation in the United State Court of Federal Claims. The presentation also discussed landowners’ rights to compensation and how just compensation is determined in rail-trail conversions under federal law.
To watch the free recording of this webinar, click under "Resources" below.
Lewis Rice's federal takings attorneys represent landowners throughout the United States pursuing takings claims against the federal government. One primary focus of the group is representing landowners in what is commonly referred to as rails to trails takings. Attorneys in this group litigate cases in the United States Court of Federal Claims on behalf of those whose property was taken by the federal government pursuant to the National Trails System Act, which authorizes abandoned railroad lines to be converted to public parks. The goal is to obtain compensation from the government for the taking of their land for the public recreational trail.
Lewis Rice Wins $3.6 Million in Compensation for Atlanta Landowners
Lindsay Brinton and Meghan Largent, attorneys from Lewis Rice’s Federal Takings & Rails to Trails Practice, recently won $3.6 million in compensation for five landowners in Atlanta who brought takings claims against the federal government. The claim resulted from the conversion of an abandoned railroad easement into the Atlanta BeltLine, a public, 22-mile recreational hiking and biking trail, which crossed or trespassed on the landowners’ property.
The BeltLine seized the landowners’ property in 2017. That same year, they sued the landowners to remove various encroachments on the trail right-of-way, including fences, garages, gardens and a basketball court. Many of these structures had been in place for more than a decade. The owners lost their state case and, as a result, were forced to remove these improvements from the land and were prohibited from any further use of their property within the former railroad easement. The BeltLine then proceeded to clear the old-growth forest behind the landowners’ homes, which provided a barrier between the adjacent golf course and the trail. The landowners filed a claim for compensation in the United States Court of Federal Claims in 2019.
“These landowners have vindicated by proving their property belonged to them and was taken in violation of the Fifth Amendment,” Largent said. “We are glad they have finally received the just compensation from the federal government that they are entitled to.”
Lewis Rice's federal takings attorneys represent landowners throughout the United States pursuing takings claims against the federal government. One primary focus of the group is representing landowners in what is commonly referred to as rails to trails takings. Attorneys in this group litigate cases in the United States Court of Federal Claims on behalf of those whose property was taken by the federal government pursuant to the National Trails System Act, which authorizes abandoned railroad lines to be converted to public parks. The goal is to obtain compensation from the government for the taking of their land for the public recreational trail.
Lawsuit Filed on Behalf of Charles Mix, Bon Homme County Landowners Whose Property was Taken by the Federal Government
On November 16, 2023, Lindsay Brinton and Meghan Largent, attorneys from Lewis Rice’s Federal Takings & Rails to Trails Practice, filed a case in the United States Court of Federal Claims on behalf of several landowners in Charles Mix and Bon Homme counties in South Dakota. The lawsuit alleges that the federal government owes them compensation for their land that it authorized for public use in August.
The federal Surface Transportation Board (STB) issued an order called a Notice of Interim Trail Use or Abandonment on August 21. This order authorized the state of South Dakota to convert an abandoned 24-mile rail line between Tyndall and Ravinia to a public hiking and biking trail. Although the state of South Dakota operated the line as a railroad corridor for several decades, turning it into a public trail is not authorized under South Dakota law. Therefore, the state of South Dakota sought permission from the STB to remove the tracks and ties so it could put the land to public use. The STB accepted that request, which gave rise to the landowners' lawsuit for compensation.
“Pursuant to the National Trails System Act, the federal government has the constitutional authority to take these landowners’ property for conversion to a public-access recreational trail and preservation of a railroad easement,” Largent said. “However, the Fifth Amendment to the United States Constitution requires the United States to pay them for the value of their land taken.”
There are more than 200 landowners who own property along the 24-mile rail line currently eligible to make a claim for compensation. Brinton and Largent visited Tyndall on November 15 to meet with some of these landowners about why and how a claim can be made against the federal government, timing, how they will be represented in pursuing their takings claims, and how compensation will be determined. The attorneys plan to add more landowners to this case over the next several weeks.
To read more about the case, click under "Resources" below.
Lewis Rice's federal takings attorneys represent landowners throughout the United States pursuing takings claims against the federal government. One primary focus of the group is representing landowners in what is commonly referred to as rails to trails takings. Attorneys in this group litigate cases in the United States Court of Federal Claims on behalf of those whose property was taken by the federal government pursuant to the National Trails System Act, which authorizes abandoned railroad lines to be converted to public parks. The goal is to obtain compensation from the government for the taking of their land for the public recreational trail.
Mount Airy Landowners Prevail in Property Claim Against Government
The Frederick News-Post and Yahoo! News reported that the federal government paid $300,000 to a group of Mount Airy landowners, represented by Lewis Rice, who argued that they were owed compensation after the town converted a railroad line running through their properties into a public trail.
Meghan Largent, a Lewis Rice federal takings attorney quoted in the article, helped represent the affected landowners in their claims.
"Everything the town of Mount Airy and the railroad has done is perfectly legal," Meghan said in an interview with The Frederick News-Post. "The only problem is the federal government didn't pay these owners for the land they didn't get back."
To read the full article, click under "Resources" below. Note the Frederick-News Post has a paywall.
Lewis Rice's federal takings attorneys represent landowners throughout the United States pursuing takings claims against the federal government. One primary focus of the group is representing landowners in what is commonly referred to as rails to trails takings. Attorneys in this group litigate cases in the United States Court of Federal Claims on behalf of those whose property was taken by the federal government pursuant to the National Trails System Act, which authorizes abandoned railroad lines to be converted to public parks. The goal is to obtain compensation from the government for the taking of their land for the public recreational trail.
U.S. Supreme Court Rules in Favor of Landowner
Today the United States Supreme Court issued its landmark decision in Tyler v. Hennepin County. After seizing Ms. Tyler’s property, Hennepin County tried to keep the excess proceeds after satisfying Ms. Tyler’s tax debt. The Supreme Court reiterated the important tenant that, “The Takings Clause was designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole.” Hennepin County will need to return $25,000 to Ms. Tyler. This is a big win for Ms. Tyler and landowners across the nation.
To read the Supreme Court decision, click under “Resources” below.
Lewis Rice's federal takings attorneys represent landowners throughout the United States pursuing takings claims against the federal government. One primary focus of the group is representing landowners in what is commonly referred to as rails to trails takings. Attorneys in this group litigate cases in the United States Court of Federal Claims on behalf of those whose property was taken by the federal government pursuant to the National Trails System Act, which authorizes abandoned railroad lines to be converted to public parks. The goal is to obtain compensation from the government for the taking of their land for the public recreational trail. The attorneys in the Federal Takings Practice Group focus on both proving the taking has occurred as well as establishing the value of the property that was taken. Their national work for landowners includes representing landowners coast-to-coast, including 11 states.
Note, Lewis Rice did not represent Ms. Tyler in this case.
Lewis Rice Rails to Trails Attorneys Hold Meetings in Lake County, Florida for Landowners along CSX Railroad Right of Way
Lewis Rice Rails to Trails attorneys Lindsay S. C. Brinton and Meghan S. Largent held meetings this week for landowners who are expected to be impacted by the plans of Lake County, the city of Tavares and the city of Mount Dora to build a recreational trail in place of old train tracks. Despite a recent report that the railroad owner, CSX, no longer plans to sell the right of way, Lindsay and Meghan believe conversion of the line to trail use remains likely. If that happens, landowners will be able to file a claim for just compensation to be paid by the federal government.
To read more about the city's plans, click under "Resources" below.
Lewis Rice's federal takings attorneys represent landowners throughout the United States pursuing takings claims against the federal government. One primary focus of the group is representing landowners in what is commonly referred to as rails to trails takings. Attorneys in this group litigate cases in the United States Court of Federal Claims on behalf of those whose property was taken by the federal government pursuant to the National Trails System Act, which authorizes abandoned railroad lines to be converted to public parks. The goal is to obtain compensation from the government for the taking of their land for the public recreational trail. The attorneys in the Federal Takings Practice Group focus on both proving the taking has occurred as well as establishing the value of the property that was taken. Their national work for landowners includes representing landowners coast-to-coast, including 11 states.
Meghan S. Largent and Lindsay S. C. Brinton Advocate for Property Owners in Stillwater, Oklahoma
Lewis Rice attorneys Meghan S. Largent and Lindsay S. C. Brinton believe landowners in Stillwater, Oklahoma, who own property next to abandoned railroad tracks being converted to a recreational trail, are owed just compensation for the taking of their land. Meghan and Lindsay held informational meetings in Stillwater, Oklahoma to help landowners understand how these conversions work, and how much money each landowner could receive from the federal government for the taking of their land.
Lewis Rice's federal takings attorneys represent landowners throughout the United States pursuing takings claims against the federal government. One primary focus of the group is representing landowners in what is commonly referred to as rails to trails takings. Attorneys in this group litigate cases in the United States Court of Federal Claims on behalf of those whose property was taken by the federal government pursuant to the National Trails System Act, which authorizes abandoned railroad lines to be converted to public parks. The goal is to obtain compensation from the government for the taking of their land for the public recreational trail. The attorneys in the Federal Takings Practice Group focus on both proving the taking has occurred as well as establishing the value of the property that was taken. Their national work for landowners includes representing landowners coast-to-coast, including 11 states.
Resources:
Judge Reverses Decision, Rules Government Is Liable for Taking Land from Homeowners along Ludlam Trail
Judge Marian Blank Horn with the U.S. Court of Federal Claims ruled on March 1, 2023 that the government was liable for taking the land from 11 landowners for the extension of the Ludlum Trail in Miami, Florida. Lewis Rice attorneys Meghan S. Largent and Lindsay S. C. Brinton represented the landowners. Originally filed in 2016, Judge Horn ruled against the landowners in 2018. Two years later, the U.S. Court of Appeals for the Federal Circuit reversed that decision and remanded the case back to Judge Horn, who ordered multiple rounds of discovery and briefing. On March 1, she issued a ruling in favor of the plaintiff-landowners. Next for the landowners, the Court will decide exactly how much just compensation these 11 families are owed for this taking of their land.
Lewis Rice's federal takings attorneys represent landowners throughout the United States pursuing takings claims against the federal government. One primary focus of the group is representing landowners in what is commonly referred to as rails to trails takings. Attorneys in this group litigate cases in the United States Court of Federal Claims on behalf of those whose property was taken by the federal government pursuant to the National Trails System Act, which authorizes abandoned railroad lines to be converted to public parks. The goal is to obtain compensation from the government for the taking of their land for the public recreational trail. The attorneys in the Federal Takings Practice Group focus on both proving the taking has occurred as well as establishing the value of the property that was taken. Their national work for landowners includes representing landowners coast-to-coast, including 11 states.
Lewis Rice Wins $12 Million in Compensation for Atlanta Landowners
Lindsay S. C. Brinton and Meghan S. Largent, attorneys from Lewis Rice’s Federal Takings & Rails to Trails Practice, won $12 million in compensation for 21 landowners in Atlanta who brought takings claims against the federal government. The claim resulted from the conversion of an abandoned railroad easement into the Atlanta BeltLine, a public, 22-mile recreational hiking and biking trail, which crossed or trespassed on the landowners’ property.
The BeltLine seized the landowners’ property in 2017. That same year, they sued the landowners to remove various encroachments on the trail right-of-way, including fences, garages, gardens and a basketball court. Many of these structures had been in place for more than a decade. The owners lost their state case and, as a result, were forced to remove these improvements from the land and were prohibited from any further use of their property within the former railroad easement. The BeltLine then proceeded to clear the old-growth forest behind the landowners’ homes, which provided a barrier between the adjacent golf course and the trail.
The landowners filed a claim for compensation in the United States Court of Federal Claims in 2019. Now, the landowners have been vindicated by proving their property belonged to them and was taken in violation of the Fifth Amendment.
“These landowners are relieved that they have finally received just compensation for their property that was taken from them,” Largent said. “The BeltLine may ultimately be a successful urban recreational trail, but it has come at significant cost to these landowners who are hosting it in their backyards.”
Lewis Rice's federal takings attorneys represent landowners throughout the United States pursuing takings claims against the federal government. One primary focus of the group is representing landowners in what is commonly referred to as rails to trails takings. Attorneys in this group litigate cases in the United States Court of Federal Claims on behalf of those whose property was taken by the federal government pursuant to the National Trails System Act, which authorizes abandoned railroad lines to be converted to public parks. The goal is to obtain compensation from the government for the taking of their land for the public recreational trail. The attorneys in the Federal Takings Practice Group focus on both proving the taking has occurred as well as establishing the value of the property that was taken. Their national work for landowners includes representing landowners coast-to-coast, including 11 states.
Lindsay S. C. Brinton Interviewed for WINK Segment on Proposed Rail-to-Trail Conversion in Lee County, Florida
Lewis Rice member Lindsay S. C. Brinton was interviewed for a WINK segment discussing the proposed rail-to-trail conversion along a 12-mile stretch of railroad from Alico Road to Bonita Beach Road in Lee County, Florida. Lindsay and her colleague Meghan S. Largent held meetings for landowners along the proposed trail to explain their Fifth Amendment right to potentially receive just compensation from the Federal Government for the taking of their property.
To read the article and watch the segment, click on "Resources" below.
Lewis Rice's federal takings attorneys represent landowners throughout the United States pursuing takings claims against the federal government. One primary focus of the group is representing landowners in what is commonly referred to as rails to trails takings. Attorneys in this group litigate cases in the United States Court of Federal Claims on behalf of those whose property was taken by the federal government pursuant to the National Trails System Act, which authorizes abandoned railroad lines to be converted to public parks. The goal is to obtain compensation from the government for the taking of their land for the public recreational trail.
Proposed Rail Trail in North & South Carolina Might Mean Property Owners Can Just Compensation
This summer, three nonprofit organizations announced plans to buy the Saluda Grade Railroad to create a 31-mile trail from Landrum, South Carolina to Zirconia, North Carolina. Converted from an abandoned railroad, the proposed trail would mean that many property owners along the trail could file a claim against the federal government and get paid just compensation. Lewis Rice attorney Lindsay S. C. Brinton spoke with a reporter from WSPA to discuss the conversion and the opportunity for landowners along the trail.
To read the article, click under "Resources" below.
Lewis Rice's federal takings attorneys represent landowners throughout the United States pursuing takings claims against the federal government. One primary focus of the group is representing landowners in what is commonly referred to as rails to trails takings. Attorneys in this group litigate cases in the United States Court of Federal Claims on behalf of those whose property was taken by the federal government pursuant to the National Trails System Act, which authorizes abandoned railroad lines to be converted to public parks. The goal is to obtain compensation from the government for the taking of their land for the public recreational trail.
Federal Court Rules Landowners Along Rock Island Trail Corridor Will Be Compensated
Lewis Rice Rails to Trails attorneys received a ruling from the Court of Federal Claims holding the government liable for taking the land of approximately 150 clients who own property underlying the Rock Island Trail, which spans seven counties in Missouri. The land, formerly an abandoned railroad line, was taken from the landowners for the conversion to a trail in 2015. The next step in the litigation will be determining the amount owed to each landowner.
To read more about the case, click under "Resources" below.
Lewis Rice's federal takings attorneys represent landowners throughout the United States pursuing takings claims against the federal government. One primary focus of the group is representing landowners in what is commonly referred to as rails to trails takings. Attorneys in this group litigate cases in the United States Court of Federal Claims on behalf of those whose property was taken by the federal government pursuant to the National Trails System Act, which authorizes abandoned railroad lines to be converted to public parks. The goal is to obtain compensation from the government for the taking of their land for the public recreational trail.
BlueRidgeNow, ABC13 News Reported on Progress for Landowner Compensation along Ecusta Trail
BlueRidgeNow and ABC13 News reported this weekend on the positive progress made by Lewis Rice Federal Takings & Rails to Trails attorneys toward getting their clients compensated along the Ecusta Trail. Lewis Rice represents more than 200 landowners between Hendersonville and Brevard.
To read the full article, click under "Resources" below. Note you must subscribe to BlueRidgeNow to read the article.
Lewis Rice's federal takings attorneys represent landowners throughout the United States pursuing takings claims against the federal government. One primary focus of the group is representing landowners in what is commonly referred to as rails to trails takings. Attorneys in this group litigate cases in the United States Court of Federal Claims on behalf of those whose property was taken by the federal government pursuant to the National Trails System Act, which authorizes abandoned railroad lines to be converted to public parks. The goal is to obtain compensation from the government for the taking of their land for the public recreational trail.
Resources
BlueRidgeNow: Government agrees to pay landowners along Ecusta trail for seized land
ABC13 News: Landowners impacted by Ecusta Trail may soon be compensated by federal government
WHKP 107.7 FM: Landowners impacted by Ecusta Trail may soon be compensated by federal goverment
Ecusta Trail property owners demand payment in federal lawsuits, help from Henderson Cty
Meghan S. Largent Named to Missouri’s POWER List in Commercial and Consumer Law by Missouri Lawyers Media
Lewis Rice member Meghan S. Largent was named to Missouri Lawyers Media's POWER List in Commercial and Consumer Law. The POWER List is a regular feature examining the most powerful attorneys in commercial and consumer litigation. Selections were made based on attorney interviews and records of verdicts and settlements. The list includes attorneys who have won notable jury trials, achieved significant settlements in both class action suits and individual claims, and helped to set important precedents that shape the law.
To read more about the POWER List in Commercial and Consumer Litigation Law, or to read about Meghan's impressive career, click under "Resources" below. Please note, this link is accessible only by Missouri Lawyers Media subscribers.
Meghan represents landowners nationwide pursuing takings claims against the federal government for the taking of their property without just compensation. She litigates cases in the United States Court of Federal Claims on behalf of those whose property was taken by the federal government pursuant to the National Trails System Act, which authorizes abandoned railroad lines to be converted to public parks. In these rails to trails takings, Meghan focuses on both proving the taking has occurred as well as establishing the value of the property that was taken. Her goal is to obtain compensation from the government for land taken for the public recreational trail.