Federal Takings

Arent Fox's Eminent Domain & Property Rights Practice

Federal Takings

Update: Deadline Nears for Landowners in Martin and Lawrence to Join Rails-to-Trails Claim

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Update: Deadline Nears for Landowners in Martin and Lawrence to Join Rails-to-Trails Claim

Landowners have until March 25 to add their claim to be compensated for property taken by the federal government along a section of Indiana railway that is about 20 miles long and extends from Crane to Bedford.  Already, more than 100 Martin and Lawrence county landowners have joined the lawsuit, McCarty v. United States, and the government has admitted its liability and agreed to pay damages. After March 25, landowners will  not be allowed to make their claim due to the statute of limitations.

If you are interested in talking about the case, attorneys Thor Hearne and Lindsay Brinton are available to discuss next steps for the landowners.

In McCarty v. United States, 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.” 

Thor, Lindsay, and their colleagues represent over 1,000 landowners in Indiana, Missouri, Arizona, Florida, Illinois, Georgia, Kansas, Michigan, Oregon, South Carolina, New York, and Tennessee who are pursuing Fifth Amendment takings claims against the federal government.

For more information on the firm’s federal takings work, click here.

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