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.