Arent Fox, LLP recently filed a rails-to-trails case on behalf of landowners in Clark, Floyd, Lawrence, Orange, and Washington Counties along the rail line owned by the CSX Railroad. The case involves the federal government taking land to convert the rail line into a public recreational trail. This abandoned railroad segment is roughly 62.3 miles long.
On February 28, the federal Surface Transportation Board (STB) issued its order taking landowners’ property. This order is called the Notice of Interim Trail Use (NITU). Concurrently, CSX Railroad and the Indiana Trails Fund (and City of New Albany) can now begin their negotiations for trail use. We will proceed with filing claims against the federal government for compensation on behalf of landowners whose property is adjacent to the right-of-way.
Attorney Lindsay Brinton will be holding additional town hall meetings in mid-April to discuss the case. Ms. Brinton and her colleagues represent over 1,000 landowners in Arizona, Florida, Illinois, Kansas, Nebraska, Wisconsin, Indiana, Kentucky, Michigan, Oregon, South Carolina, New York, Missouri, and Tennessee who are pursuing Fifth Amendment takings claims against the federal government. Learn more about their work at www.federaltakings.com. Please feel free to contact our office with any questions.