Rails to Trails Practice Group Leader
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Lindsay S.C. Brinton and Meghan S. Largent, attorneys from Lewis Rice’s Federal Takings & Rails to Trails Practice Group, recently secured more than $250,000 in compensation for six landowners in two lawsuits (Koepp et al. v. United States and Bambas et al. v. United States) in Bon Homme and Charles Mix counties in South Dakota. These landowners brought claims against the federal government for the taking of their property for a 24-mile hiking and biking trail between Tyndall and Ravinia.
These were the third and fourth lawsuits concluded by the firm on behalf of landowners along this railroad corridor. In 2023, the corridor was converted to public trail use under the National Trails System Act, a federal law that allows unused railroad corridors to be turned into public recreational trails rather than returning to the underlying landowners. The lawsuits alleged that under South Dakota law, the abandoned railroad corridor over the landowners’ properties was operating pursuant to a century-old easement that would have been extinguished upon abandonment. However, in August 2023, the state of South Dakota, which owns the rail line, received permission from the federal government to convert the line to a hiking and biking trail. Because use of the railroad easement as a public park would not have been permitted under South Dakota law, the landowners alleged that the federal government took their private property for a public purpose without providing them with just compensation — a violation of the Fifth Amendment to the United States Constitution.
In total, Lewis Rice has recovered more than $500,000 for 21 landowners along this rail-trail corridor.
“There are more than 80 landowners in Bon Homme and Charles Mix counties who are still eligible to file a claim for the just compensation the federal government owes them,” Meghan said. “We will continue to help these landowners pursue the compensation they are legally entitled to.”
Any landowners wishing to make a claim for compensation must do so prior to August 17, 2029.
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.

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