Federal Takings

Arent Fox's Eminent Domain & Property Rights Practice

Federal Takings

Current Cases

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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.

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Case Update: Kelley, et al. v U.S., No.15-924 L

More than thirty Webster County, Kentucky landowners have filed their inverse condemnation claims against the federal government. These landowners are seeking compensation for the taking of their property for the Webster County rail-trail conversion. The government must respond to these claims this month. Thereafter, the parties will enter the valuation stage of the litigation wherein they determine the amount of damages the federal government owes these landowners. 

Any additional landowners who are not already represented by counsel are encouraged to contact Arent Fox.

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Case Update: Sykes v. United States, CFC No.15-559L

A group of Greenville County, South Carolina landowners has filed their inverse condemnation claims against the federal government. These landowners are seeking compensation for the taking of their property for the City of Greenville rail-trail conversion. The government has already agreed to its liability for taking these landowners’ properties and the parties are proceeding to the valuation stage of the case. The parties have selected a joint appraiser – Corbin Haskell out of Greenville – to value the government’s taking. Mr.

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Case Update: Brooks v. United States, CFC No. 15-843 L

More than 125 North Carolina landowners have filed their inverse condemnation claims against the federal government. These landowners are seeking compensation for the taking of their property for the City of Shelby rail-trail conversion. The government must respond to these claims by May. Thereafter, the parties will enter the valuation stage of the litigation wherein they determine the amount of damages the federal government owes these landowners. 

Any additional landowners who are not already represented by counsel are encouraged to contact Arent Fox.

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Arent Fox Defends New York Landowner’s Constitutional Right to Compensation

On January 7, Arent Fox partner Thor Hearne argued Romanoff Equities v. United States before the United States Court of Appeal for the Federal Circuit. In this case, Mr. Hearne defended the Romanoff family’s constitutional right to be justly compensated for land the federal government took from them to construct the High Line in New York City. The High Line is now a popular public park used for taco trucks, latin dancing, and other public recreation.  

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Missouri Clears the Path for the Rock Island Trail

As more work on the Rock Island rail-to-trail project gets underway, the St. Louis Post-Dispatch investigated the impact of the federal government’s takings along the former railroad. The article, titled “Missouri Clears the Path for a Companion to the Katy Trail,” reports on the background, natural tourism, costs and benefits, and local opinions on the project.

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Virginia Voter ID Law Goes On Trial in February 2016

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Hundreds of Property Owners Involved in Arent Fox Cleveland County Rail-Trail Case, Reports Shelby Star

On November 17 and 18, Arent Fox hosted town hall meetings in Shelby, North Carolina, providing details on the Cleveland County federal takings case that now involves over 100 local landowners. The Shelby Rails-to-Trails case, also known as Brooks v. United States, No. 15-843 (formerly Meacham v. United States), involves the planned conversion of the Norfolk Southern Railroad and the land underlying the railroad right-of-way on certain properties into a public hiking and biking trail by the City of Shelby.

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Brooks v. United States, CFC No.15-843

[Formerly Meacham v. United States, CFC No. 15-843 L]

A group of Cleveland County, North Carolina, landowners have filed their inverse condemnation claims against the federal government.  These landowners own land abutting an 11.85 right-of-way in Cleveland County.    

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Bratcher v. U.S. No. 15-986 L

A group of landowners in Lexington, Missouri, have filed inverse condemnation claims against the federal government for the taking of their land abutting the 2.91 mile-long railroad corridor. The Wyandotte, Kansas City and Northwestern Railroad originally constructed the right-of-way in 1873. The right-of-way went through several changes and ownership and was eventually acquired by Union Pacific Railroad Company. The rail line has not been used since before 2009.

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