Federal Takings

Arent Fox's Eminent Domain & Property Rights Practice

Federal Takings



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.


D.H. Kelley, et al. v. United States of America – No.1:15-cv-00924

A group of Webster County, Kentucky, landowners have filed their inverse condemnation claims against the federal government.  These landowners own land abutting an 8.5 right-of-way extending from Blackford to Clay, KY.    


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

A group of landowners in Webster County, Kentucky, have filed inverse condemnation claims against the federal government for the taking of their land abutting the abandoned 8.5 mile-long Western Kentucky Railway corridor. The Railroad had an easement limited to railroad purposes. Under the terms of the relevant easement instruments and under Kentucky law, once the Railroad ceased operating a railroad across the right-of-way, the railroad easement was abandoned and Plaintiffs, as the fee owners, regained their right to the exclusive use and physical possession of their property.

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