Eminent Domain & Land Use


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.