Federal Takings

Arent Fox's Eminent Domain & Property Rights Practice

Federal Takings

Arent Fox Wins $7.4 Million Eminent Domain Decision in Florida


Arent Fox Wins $7.4 Million Eminent Domain Decision in Florida

Earlier this year, Arent Fox LLP secured a $7.4 million decision on behalf of Florida landowners in a Fifth Amendment “takings” case against the federal government when the US Court of Federal Claims ruled in Rogers v. United States that the property owners “are entitled to just compensation under the Fifth Amendment.”

Partner Thor Hearne led a team from Arent Fox that represented almost 50 Florida landowners who had their property taken under the National Trails System Act to create the Sarasota County Legacy Trail. Partner Debra Albin-Riley and associates Lindsay Brinton and Meghan S. Largent provided counsel on the case.

Previously, Federal Claims Court Judge Mary Coster Williams issued a landmark decision in favor of the Sarasota landowners by rejecting the US Justice Department’s argument that the federal government needed to only pay “nominal compensation” for land the federal government took to build the Legacy Trail. To read Arent Fox’s press release on that decision, click here.

Mr. Hearne and his team have earned a national reputation for their work in complex federal and state litigation and appeals, constitutional law, and election issues. Arent Fox is currently representing more than one thousand landowners in more than a dozen eminent domain cases against the federal government. This decision is the latest in a series of cases in which Arent Fox has successfully represented landowners seeking compensation for property the federal government has taken.

In addition, Mr. Hearne has written and lectured on Fifth Amendment takings at the Brigham-Kanner Annual Property Rights Conference and been on the faculty of the American Law Institute for its annual conference on eminent domain.


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Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.