Federal Takings

Arent Fox's Eminent Domain & Property Rights Practice

Federal Takings

Bratcher v. US No. 15-986 L

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Bratcher v. US No. 15-986 L

The government has recently agreed to its liability for taking landowners’ property along a 2.91 mile-long railroad corridor in Lexington, Missouri. The abandoned railroad corridor was last used by Union Pacific Railroad company before 2009. Under Missouri law, upon the Railroad’s abandonment, the corridor should have reverted to the adjacent landowners. Instead, however, the federal Trails Act allowed the City of Lexington to purchase this right-of-way from the Railroad. Lexington is in the process of developing a hiking and biking trail across this land. 

The government has agreed to pay these adjacent landowners for taking their property. Under the Fifth Amendment, the government owes them just compensation. The parties are about to begin the appraisal phase of the case where appraisers determine the amount of just compensation the government must pay. These landowners will likely be paid in 2017.

If you own land along this adjacent right-of-way and have not yet filed your claim, we urge you to contact us immediately. If you do not file your claim you will not be paid for the government’s taking of your property.  

For more information about this case, please contact Lindsay Brinton.

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