News
Lewis Rice Assists in Win for Midwest Farmers
On Friday, May 29, attorneys from Lewis Rice’s Federal Takings & Rails to Trails Practice participated in a significant victory for Midwest farmers in Caquelin v. United States, a case involving the federal government’s temporary taking of a portion of Iowa landowner Norma Caquelin’s property. Lewis Rice attorneys filed an amicus curiae brief in support of Caquelin in the United States Court of Appeals for the Federal Circuit. The amici represented by Lewis Rice included the Iowa Farm Bureau Federation, the Illinois Farm Bureau, the Missouri Farm Bureau Federation, and the Kansas Farm Bureau.
Caquelin was prohibited from using a part of her farm when the federal government authorized its conversion into a public recreation hiking and biking trail. She sued, alleging that her land was subject to a railroad-held easement limited to railroad purposes only, and that its conversion into a public recreational trail was not authorized under Iowa law.
The amicus brief filed by Lewis Rice on behalf of the several farm bureau organizations advocated that all landowners must be compensated when the government authorizes a use of their property that is contrary to state law and prevents them from using their land.
The United States Court of Appeals for the Federal Circuit affirmed the decision in Caquelin’s favor, upholding the United States Court of Federal Claims ruling that the federal government owed Caquelin compensation for the time it authorized the conversion of her land into a public recreational trail. The Federal Circuit’s ruling aligned with the amici’s position that the Fifth Amendment prohibits the federal government from taking private property for public use without just compensation.
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.
Meghan S. Largent Featured in the Tillamook Headlight Herald on Recent Victory for Oregon Landowners
Lewis Rice member Meghan S. Largent was quoted in the Tillamook Headlight Herald regarding Lewis Rice's recent victory representing five Oregon landowners who brought takings claims against the federal government over the conversion of the abandoned Port of Tillamook Bay Railroad into the Salmonberry Trail, a public recreation hiking and biking trail, which crossed the landowners’ property. In May 2020, Judge Nancy B. Firestone of the United States Court of Federal Claims ruled in the landowners’ favor. The landowners will now proceed before Judge Firestone to determine the amount of compensation they are owed from the government for the taking of their land. In the Herald, Meghan emphasized that the case was not against the trail, and no matter the outcome, nothing would affect the trail itself.
To read the full article in the Tillamook Headlight Herald, click under "Resources" below.
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.
Lewis Rice Wins Significant Victory for Oregon Landowners
On Friday, May 8, attorneys Meghan S. Largent and Lindsay S. C. Brinton from Lewis Rice’s Federal Takings & Rails to Trails Practice won a significant victory for five Oregon landowners who brought takings claims against the federal government. The claim resulted from the conversion of the abandoned Port of Tillamook Bay Railroad into the Salmonberry Trail, a public recreation hiking and biking trail, which crossed the landowners’ property.
The landowners sued the federal government when it authorized the conversion of the Port of Tillamook Bay Railroad into the Salmonberry Trail in 2016. They alleged the land underlying the railroad easement belonged to them, and that the conversion of the railroad into a public recreational trail was not authorized under Oregon law.
In May 2020, Judge Nancy B. Firestone of the United States Court of Federal Claims ruled in the landowners’ favor, holding that the easements over their property that were originally granted to the Pacific Navigation & Railway Company were limited to railroad purposes only and could not be used for public recreation.
As a result of Judge Firestone’s decision, the federal government is liable for taking the Oregon landowners’ property for public use. The landowners will now proceed before Judge Firestone to determine the amount of compensation they are owed for the taking of their land.
Click under "Resources" below for Judge Firestone’s opinion.
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.
Lindsay represents landowners across the country pursuing their Fifth Amendment Takings claims against the federal government. 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. Lindsay's goal is to obtain compensation from the government for the taking of their land for the public recreational trail.
Lindsay S. C. Brinton Quoted in The Current in Noblesville Regarding Landowners’ Rights in Nickel Plate Rail Trail Conversion
Lewis Rice member Lindsay S. C. Brinton was featured in The Current in Noblesville after holding meetings with landowners in Fishers and Noblesville, Indiana regarding the federal government's taking of property for the Nickel Plate Rail Trail Conversion, and how affected landowners could be eligible to file a compensation claim.
To read the full article, click under "Resources" below.
Lindsay represents landowners across the country pursuing their Fifth Amendment Takings claims against the federal government. 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. Lindsay's goal is to obtain compensation from the government for the taking of their land for the public recreational trail.
Meghan S. Largent Interviewed in Miami Today over Landowner Compensation in Ludlam Trail Project
Lewis Rice member Meghan S. Largent spoke with Miami Today about Lewis Rice’s case on behalf of Miami landowners suing the federal government for the taking of their land for the Ludlam Trail. The interview focused on the status of the owners’ case. Meghan emphasized the lawsuit is not adverse to the Ludlam Trail, but rather seeks to have the government compensate the owners for the land taken from them for the Ludlam Trail via eminent domain. Earlier this year, Lewis Rice won a significant victory in the United States Court of Appeals for the Federal Circuit which overturned the lower court’s ruling and allowed these landowners’ claims for compensation to proceed. The case is now back before Judge Marian Blank Horn in the United States Court of Federal Claims.
To read the full interview, click under “Resources” below. Note you must subscribe to Miami Today to read the interview in its entirety.
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.
Lewis Rice Wins Victory for Miami Landowners in Federal Circuit
Lewis Rice attorneys from our federal takings & rails-to-trails practice won a significant victory for several landowners in Miami, Florida who brought takings claims against the federal government. The claim was a result of the conversion of the abandoned Florida East Coast Railway right-of-way into the Ludlam Trail, a public recreational hiking and biking trail, which ran over the landowners’ property.
The win came on appeal to the Federal Circuit after Judge Marian B. Horn of the United States Court of Federal Claims entered judgment against the landowners holding that they did not own any land underlying the abandoned railroad right-of-way. Meghan Largent from Lewis Rice argued the case on behalf of the Miami landowners.
“This win is significant because the Federal Circuit agreed that under Florida law, an owner of land adjacent to an easement is presumed to own the land underlying the easement once the easement is abandoned,” Largent said. “This is a big win for our clients because it allows them to continue to pursue just compensation from the federal government for their private property taken for this public trail.”
The Court also concluded that language in a neighborhood plat describing the property as a “less and except” a railroad right-of-way, does not operate to remove the land under the right-of-way from the plat.
Judge Richard G. Taranto, joined by Judges Todd M. Hughes and Raymond T. Chen reversed Judge Horn’s decision ruling in favor of the Miami landowners. A copy of the published opinion can be found here.
The case will now return to Judge Horn in the United States Court of Federal Claims for further proceedings.
About Lewis Rice’s Federal Takings & Rails to Trails Practice
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.
In securing judgments for clients after trial and pre-trial settlements, attorneys in the Federal Takings Practice Group have secured multi-million dollar awards for these landowners. Lewis Rice attorneys also have significant experience representing landowners in The United States Court of Appeals.
We represent our clients in this area of law through contingency fee arrangements, which allow our clients to prosecute their claims without paying attorney fees upfront. Attorney fees are paid only if a favorable outcome is achieved.
Government Agrees to Compensate 18 Landowners in Legacy Trail Rail-to-Trail Cases
Lewis Rice members Lindsay S. C. Brinton and Meghan S. Largent represent 18 landowners in two cases relating to the Legacy Trail in Sarasota, Florida. For these 18 claims, the government has confirmed it will compensate the landowners, so the claims will proceed to the appraisal phase to determine how much is owed to each of them. This is a major development in confirming the government's constitutional obligation to pay these landowners, and this is the first case in which the government has made this agreement for this portion of the Legacy Trail. Lindsay and Meghan's clients are the first to move forward to the appraisal phase in these cases.
To read the joint stipulations filed on December 6, 2019, click under "Resources" below.
Lindsay and Meghan's primary focus is representing landowners across the country to pursue their Fifth Amendment Takings claims against the federal government. These clients’ claims arose from a conversion of their property under the federal National Trails System Act.
Lindsay S. C. Brinton and Meghan S. Largent Quoted in The Progress Examiner Regarding the Abandoned CSX Railroad in Southern Indiana
Lewis Rice attorneys Lindsay S. C. Brinton and Meghan S. Largent were featured in The Progress Examiner after their meeting in Orleans, Indiana discussing the abandoned CSX railroad and how landowners can obtain just compensation.
To read the full article, click under "Resources" below.
Lindsay and Meghan's primary focus is representing landowners across the country to pursue their Fifth Amendment Takings claims against the federal government. These clients’ claims arose from a conversion of their property under the federal National Trails System Act.
Lindsay S. C. Brinton Quoted in News and Tribune Regarding Land Seizure of Southern Indiana Rail Line
Lewis Rice attorney Lindsay S. C. Brinton was quoted in the Indiana publication News and Tribune regarding the 62 mile easement in Southern Indiana to be used as a rail line, which has since been abandoned. In the article, "Plaintiff list grows in Southern Indiana rails-trails civil case," Lindsay indicates that several hundred landowners have already filed a claim for just compensation for the taking, but even more have yet to file a claim.
To read the full article, click under "Resources" below.
Lindsay represents landowners throughout the United States pursuing takings claims against the federal government. One of her primary focuses is representing land owners in what is commonly referred to as rails to trails takings. Lindsay 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.
Meghan S. Largent Interviewed in Brownfield Ag News for America on Rails to Trails Case
Lewis Rice attorney Meghan S. Largent was interviewed in Brownfield Ag News for America about a rails-to-trails case in which Lewis Rice filed a friend of the court brief on behalf of the Iowa Farm Bureau Federation, Illinois Agricultural Association, Missouri Farm Bureau Federation, and Kansas Farm Bureau. Brownfield Ag News creates and delivers agricultural news, markets, weather, commentary and feature radio programming to farmers across the Midwest. To read the full article and listen to the interview, click under "Resources" below.
Meghan's primary focus is representing landowners nationwide whose property has been taken by the federal government without just compensation. In addition to establishing when the government is liable for taking land, Meghan’s practice centers largely on establishing the value of the land taken.
Meghan Largent Interviewed on 580 WIBW/Kansas Agriculture Network
Lewis Rice attorney Meghan S. Largent was interviewed on 580 WIBW/Kansas Agriculture Network on Friday, August 9, 2019. Meghan, who, along with co-counsel Lindsay S. C. Brinton, represents state Farm Bureau organizations in Kansas, Iowa, Illinois and Missouri, discussed rail-trail conversions how she helps land owners receive just compensation for their property taken by railroads and later converted to public areas in the Rails-to-Trails program.
To listen to the full interview, click under "Resources" below.
Meghan represents landowners throughout the United States pursuing takings claims against the federal government. One of her primary focuses is representing land owners in what is commonly referred to as rails to trails takings. Meghan 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.