Federal Takings

Arent Fox's Eminent Domain & Property Rights Practice

Federal Takings

Federal Government to Pay Local Landowners in Indiana (McCarty v. United States)


Federal Government to Pay Local Landowners in Indiana (McCarty v. United States)

In McCarty v. United States, an Arent Fox takings case, the government recently admitted liability for property taken to create the Milwaukee Trail and agreed to pay damages, reported the Times-Mail.  With the statute of limitations expiring this Friday, any landowners that are not currently a part of the lawsuit are on deadline to add their claims for compensation. Arent Fox represents more than 100 Indiana property owners who are upset about the trail using their their personal property.

"Landowners are arguing that the federal government's authorization to create a new easement for a public recreational trail is a taking of property for which the Fifth Amendment requires that the United States pay 'just' compensation," Ms. Brinton said.

The Milwaukee Trail is a rails-to-trails conversion of about 20 miles of an abandoned rail line stretching from Bedford to Crane.

Anyone who wants add their claims to the lawsuit should contact Lindsay Brinton or Thor Hearne. In order to qualify for a claim, property owners must have owned the land as of March 25, 2010.

To read the full article from the Times-Mail, click here.


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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.