Federal Takings

Arent Fox's Eminent Domain & Property Rights Practice

Federal Takings

Lindsay Brinton

Lindsay Brinton, Associate at Arent Fox LLP
Lindsay Brinton
Washington, DC

Lindsay is counsel in the Litigation group. Her primary focus is representing over 1,000 landowners in Arizona, Florida, Kansas, Michigan, South Carolina, New York, Oregon, Tennessee, and Missouri to pursue their Fifth Amendment Takings claims against the federal government. These clients’ claims arose from a conversion of their property under the federal National Trails System Act.

In addition to her Fifth Amendment Takings cases, Lindsay also represents clients in litigated and non-litigated business disputes such as breach of contract matters, real estate litigation, construction matters, insurance disputes, regulatory matters, business torts, patent litigation, and professional liability matters.

She has experience in drafting appellate briefs in the US Court of Appeals for the Federal Circuit, the Kansas Supreme Court, and the US Supreme Court.

Previous Work

Prior to joining Arent Fox, Lindsay was an associate for a large national law firm in St. Louis, specializing in business litigation. She began her legal career working as an associate for a regional law firm specializing in insurance defense litigation.

Professional Activities

Lindsay is a member of the Missouri Bar and the Bar Association of Metropolitan St. Louis. She is also an adjunct professor of legal writing at St. Louis Community College and a volunteer for Legal Advocates for Abused Women.

Publications, Presentations and Recognitions

  • “The Trails Act: Railroading Property Owners and Taxpayers for More Than a Quarter Century,” 45 Real Property Probate and Trust Journal 115, co-author, 2010
  • “Snowmobiling in Voyageurs National Park: The Eighth Circuit Gives One Answer Amidst a Blizzard of Controversy,” 12 Missouri Environmental Law and Policy Review 159 (2005).

During law school, Lindsay was the managing editor for the Missouri Environmental Law and Policy Review.

Life Beyond the Law

In her free time, Lindsay likes to spend time with her husband and their three children. She is on the Young Professionals Board of Marygrove, an organization dedicated to helping disadvantaged youth, as well as the Professional Women’s Alliance of St. Louis. Lindsay loves to read, run, golf, and play tennis.


Blog Posts by Lindsay Brinton

Current Cases, Indiana
Alexander v. United States Case Update

Arent Fox, LLP recently filed a rails-to-trails case on behalf of landowners in Clark, Floyd, Lawrence, Orange, and Washington Counties along the rail line owned by the CSX Railroad. The case involves the federal government taking land to convert the rail line into a public recreational trail. This abandoned railroad segment is roughly 62.3 miles long.

On February 28, the federal Surface Transportation Board (STB) issued its order taking landowners’ property. This order is called the Notice of Interim Trail Use (NITU). Concurrently, CSX Railroad and the Indiana Trails Fund (and City of New Albany) can now begin their negotiations for trail use. We will proceed with filing claims against the federal government for compensation on behalf of landowners whose property is adjacent to the right-of-way.

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Current Cases, Florida
Case Update: Expansion of The Legacy Trail in Sarasota County, FL

Arent Fox LLP has filed a claim on behalf of a group of Florida landowners against the federal government. The government took these owners’ property at the beginning of December when it issued an order allowing for the conversion of an abandoned rail corridor on their property to a public trail. This conversion includes a 1.7 mile section from the current Legacy Trail to north of Ashton Road. We will be holding a meeting with affected landowners on Monday, March 19 at The Meeting Place in Sarasota, FL. Any landowners are encouraged to attend this meeting or contact Lindsay Brinton.

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Current Cases, Indiana
Current Cases: Hamilton, Marion & Tipton Counties, Indiana

Arent Fox, LLP will be filing a rails-to-trails case on behalf of landowners in Hamilton, Tipton, and Marion Counties along the rail line owned by the City of Fishers, the City of Noblesville, and Hamilton County. Attorney Lindsay Brinton will be holding additional town hall meetings in mid-November to discuss the case. The case involves the federal government taking land to convert the rail line into a public recreational trail. This abandoned railroad segment is roughly 37.56 miles long. Ms. Brinton and her colleagues represent over 1,000 landowners in Arizona, Florida, Illinois, Kansas, Nebraska, Wisconsin, Indiana, Kentucky, Michigan, Oregon, South Carolina, New York, Missouri, and Tennessee who are pursuing Fifth Amendment takings claims against the federal government. Learn more about their work at www.federaltakings.com.

About Arent Fox

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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.