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