Taylor J. Essner

Federal Lawsuit Filed on Behalf of Polk County, Iowa, Landowners Whose Property was Taken by the Federal Government

Lindsay S.C. Brinton and Meghan S. 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 29 landowners in Polk County, Iowa, on Aug. 7, 2026. The lawsuit alleges that the federal government owes the landowners compensation for their property that it authorized for public trail use. The federal Surface Transportation Board (STB) issued an order called a Notice of Interim Trail Use or Abandonment on July 31, 2026. This authorizes the cities of Des Moines, West Des Moines, Windsor Heights, Urbandale, Clive and Grimes to convert the abandoned 12.2-mile Norfolk Southern railway corridor known as the Grimes Line into a public hiking and biking trail. Because converting the rail line to a public trail is not authorized under Iowa law, the cities sought permission from the STB to acquire the rail line from Norfolk Southern Railway so the land could be put to public use. The STB granted that request, which gave rise to the landowners’ lawsuit. The lawsuit alleges that Norfolk Southern does not own the land underlying its rail corridor, but rather has operated the railroad across the land pursuant to century-old easements. Once the railroad is abandoned, those easements would have ceased to exist. “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,” Meghan said. “However, the Fifth Amendment to the United States Constitution requires the federal government to pay the landowners for the value of their property taken.” The lawsuit asks the Court to compensate each landowner for the fair market value of the property that will now be encumbered by the public recreational trail easement. The lawsuit is only against the federal government and makes no claims against Norfolk Southern Railway nor the cities involved in the transaction. The lawsuit does not aim to stop the transfer of the railroad property to the cities for a public trail nor does it seek to impact the funding for the proposed trail in any way. More than 200 landowners are currently eligible to make a claim for compensation. Lindsay and Meghan are continuing to add landowners to this case and plan to reach out to more along the corridor in the coming weeks. 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 Secures More Than $250,000 in Compensation for Bon Homme and Charles Mix County Landowners in Two Rails-to-Trails Cases

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.

Neal F. Perryman Named to Missouri Lawyers Media's POWER List for Employment Law

Neal F. Perryman, Chair of Lewis Rice’s Litigation Department, has been selected for Missouri Lawyers Media's 2026 Employment Law POWER List, an honor recognizing the state's top employment attorneys. The recognition marks Neal's seventh consecutive year on the list. Neal focuses primarily on labor and employment law and litigation under the Employee Retirement Income Security Act (ERISA). Additionally, he has experience in complex commercial litigation, appellate advocacy, education law, and municipal law. He defends employers, universities, and municipalities in personnel-related disputes before state and federal courts, arbitration panels, and administrative agencies, and regularly advises clients on regulatory compliance, union contract negotiations, and governance practices. Since 1991, Neal has led some of the Firm's most consequential litigation matters. He secured summary judgment for an employer-sponsored plan in a significant cash-balance ERISA age-discrimination case, later affirmed by the U.S. Court of Appeals for the Seventh Circuit. He led the defense of a university in a Title IX case that produced a nationally significant decision from the U.S. Court of Appeals for the Eighth Circuit, and he guided the Lewis Rice litigation team through trial and appeal in a widely reported case challenging a law firm's mandatory retirement policy for partners. Much of Neal’s career has centered on the role employment law plays at the intersection of business, people, and problem-solving. “Every organization relies on its workforce to succeed, and employment-related decisions often have significant operational and legal implications,” he said. “I enjoy helping employers navigate those challenges, manage risk, and create workplaces where both people and businesses can thrive.” Beyond his litigation practice, Neal serves on Lewis Rice's Management Committee, Appellate Practice Review Committee, and Recruiting Committee, and is an active mentor to the Firm's junior attorneys. He is a Fellow of the Litigation Counsel of America's Trial Lawyer Honorary Society and a member of the American Bar Association's Labor and Employment Law Section, the National Association of College and University Attorneys, and several state and local bar associations. He also holds leadership roles with Westminster College and the St. Louis Zoological Park Subdistrict Commission.

Lewis Rice Website Named a Winner in the 2026 WebAward Competition

More than Words: The Impact of Tone, Word Choice, and Cultural Communication in Legal Practice

Apollo Carey spoke on a panel at the FDCC Annual Meeting in Lisbon, Portugal, which brings together defense and corporate counsel from around the world to discuss current legal and business issues. The presentation, "More than Words: The Impact of Tone, Word Choice, and Cultural Communication in Legal Practice," examined how communication styles, emotional intelligence, and cultural awareness affect client relationships, advocacy, leadership, and professional success in the legal profession.

Unconstitutional Usurpation of Power: An Evaluation of the Corporate Transparency Act’s Potential Demise Under National Small Business United v. Yellen

Matthew R. Hemmersmeier examines the constitutional arguments at issue regarding the Corporate Transparency Act (CTA) and how the District Court for the Northern District of Alabama reached its conclusion in National Small Business United v. Yellen that the CTA, as applied to the Plaintiffs, should be struck down as an unconstitutional usurpation of federal power. Click under "Resources" below to read the full article.

Taxed from Home: How Post-Pandemic Remote Work Magnifies the Constitutional Issues with Taxing Telecommuters

Phoebe D. Leach examines the constitutional issues surrounding state taxation of telecommuters and the legal challenges facing certain remote worker tax regimes. Click under "Resources" below to read the full article.

Business Attorneys' Guide to AI and IP Rights in Transactions

Actionable Guidance for Everyday Transactional Practice "Who owns the output when a business uses a third-party AI tool?" "What are the trade secret implications of employees' unauthorized use of consumer-level AI like ChatGPT?" "What is negotiable in AI vendor contracts, and how can we boost our leverage?" Your business clients are wrestling with a storm of new questions regarding AI that has permeated all aspects of law and business. And current regulatory and legal guidance is patchy at best. Do you have the critical IP knowledge to advise them in this rapidly changing market? This course breaks down the arcane concepts of IP and the technical jargon of AI to offer practical legal guidance for strengthening contracts and helping businesses protect their work product and trade secrets. Help your clients thrive in the brave new AI world. Abbreviated Agenda What Clients Are Actually Doing With AI - And Why It Creates Legal Work Where the Legal Risk Actually Is: AI Regulation, Liability, and Exposure Who Owns AI Output - and When It Matters Contracts in the Age of AI: Drafting for Clients Who Use or Build AI AI Due Diligence in M&A Transactions AI Governance and Trade Secret Protection Legal Ethics in Daily AI Use Click here for more information and to download this webinar.

More than a Catchphrase: Trademark Lessons from the “Get Your Pink Back” Dispute

Securing a Legislative Victory for the American Car Rental Association

Lewis Rice member David W. Sweeney represented the American Car Rental Association (ACRA) in its effort to shape legislation governing the operations of Turo, an online car-sharing platform, at St. Louis Lambert International Airport. The initial bill would have permitted Turo to operate in airport garages within walking distance of passenger terminals, a proposal opposed by members of the St. Louis Airport Commission due to competitive concerns. David engaged with stakeholders to negotiate a revised agreement that addressed these objections while protecting the interests of ACRA. The final legislation limits Turo’s operations to three designated parking areas west of Terminal 1. The measure was opposed by the St Louis Airport Director but  approved unanimously by the St. Louis Board of Aldermen, marking a significant milestone in the legislative process. This outcome preserved competitive balance in the airport rental market and aligned with ACRA’s policy objectives. The case demonstrates how strategic advocacy and effective negotiation can deliver tangible results for industry associations facing complex regulatory challenges.