News
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.
Rails-to-Trails Attorneys Win Significant Victory for Atlanta Homeowners
On February 1, 2022, Judge Zachary N. Somers of the United States Court of Federal Claims in Washington, D.C. ruled that a group of 32 landowners, represented by Lewis Rice attorneys Lindsay S. C. Brinton and Meghan S. Largent, will receive compensation from the federal government for large portions of their backyards that were seized for the construction of the BeltLine Trail, a public recreational hiking and biking trail. Somers’ latest decision comes exactly one year after he held that the landowners could proceed with their lawsuit against the federal government on February 1, 2021.
Prior to filing their claim for compensation in federal court in 2017, these landowners were sued by the BeltLine to remove various encroachments on the right-of-way, including fences, garages, gardens and a basketball court. 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. Now, they have vindicated in federal court, proving their property belonged to them and was taken in violation of the Fifth Amendment.
WAGA TV News
WSB-TV News
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 Nearly $500,000 in Compensation for Sarasota Landowners
Lewis Rice members Lindsay Brinton and Meghan Largent won nearly $500,000 in compensation for three landowners in Sarasota, Florida, who brought takings claims against the federal government in Cheshire Hunt v. United States. The claim resulted from the conversion of an abandoned rail line into the Legacy Trail, a public, 10.7-mile recreational hiking and biking trail, which crossed or trespassed on the landowners’ property.
The landowners, who all live along a 1.7-mile segment of the trail between Sawyer Loop Road and Ashton Road, sued the federal government in 2018 after it seized their property for the conversion of the rail line into the Legacy Trail in 2017. The land underlying the railroad easement belonged to them, and the conversion of the railroad into a public recreational trail was not authorized under Florida law.
With a focus on representing landowners across the country to pursue their Fifth Amendment Takings claims against the federal government, Lindsay and Meghan have helped landowners along the Legacy Trail recover more than $10 million in compensation. Although these are the first three landowners in the Sawyer Loop Road to Ashton Road segment of the Legacy Trail to be compensated, Lindsay and Meghan said there are numerous others in the area who are also eligible for compensation but have not yet filed a claim.
To learn more 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, landowners can contact Lindsay Brinton at lbrinton@lewisrice.com or 314-444-7723.
Lewis Rice Wins $1.5 Million in Compensation for Covington Landowners
Attorneys from Lewis Rice’s Federal Takings & Rails to Trails Practice won $1.5 million in compensation for 47 landowners in Covington, Georgia, who brought takings claims against the federal government. The claim resulted from the conversion of the abandoned Central of Georgia Railroad into the Cricket Frog Trail, a public, 14.9-mile recreational hiking and biking trail, which crossed or trespassed on the landowners’ property.
The landowners sued the federal government when it authorized the conversion of the Central of Georgia Railroad into the Cricket Frog Trail in 2014. 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 Georgia law.
Following a favorable decision in 2017 finding the federal government liable for taking the landowners’ property, Judge Mary Ellen Coster Williams of the United States Court of Federal Claims held a four-day trial and site visit in Atlanta. The federal government argued the imposition of a public recreational trail over the landowners’ property made their land more valuable. Despite the Court’s finding that the property had been taken, the federal government argued it owed the landowners nothing.
On Aug. 31, 2021, Judge Williams issued her opinion rejecting the government’s position and agreeing with the landowners’ evidence that imposition of a public recreational trail over their land had diminished the value of their property. As a result of Judge Williams’ decision, the landowners will receive $1.5 million in compensation.
Judge Williams’ opinion can be found here.
Lewis Rice Wins Significant Victory for Atlanta Landowners Impacted by the Belt Line Rail-Trail
On February 1, 2021, Judge Zachary N. Somers of the United States Court of Federal Claims in Washington D.C. ruled that a group of fourteen Atlanta landowners could proceed with their lawsuit against the federal government. These fourteen neighbors, represented by Meghan S. Largent, Lindsay S. C. Brinton, and Michael Armstrong of Lewis Rice, filed a claim for compensation in the United States Court of Federal Claims for the significant portions of their backyards that have been converted from an abandoned railroad easement to an urban public recreational hiking and biking path.
Prior to filing their claim for compensation in federal court, these owners were sued by the Atlanta Belt Line to remove various encroachments on the right-of-way, including fences, garages, gardens, and a basketball court. 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 federal government, represented by the United States Department of Justice, argued that these landowners’ lawsuit seeking compensation under the Fifth Amendment should be dismissed because they were not successful in defending themselves in the lawsuit brought against them by the Belt Line in state court. Judge Somers disagreed, stating that the landowners’ case may proceed and noting, “The proper course, if the government finds this result ‘absurd’ . . . is to work with Congress to change the full faith and credit statute, not to file a motion urging this Court to ignore federal law and binding precedent interpreting that law.”
Largent stated, “These landowners are relieved that they can finally move forward with their claims. The Belt Line may ultimately be a successful urban recreational trail, but it has come at significant cost to these landowners who will be hosting it in their backyards.”
To read the opinion, 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.