Federal Takings

Arent Fox's Eminent Domain & Property Rights Practice

Federal Takings


Government Liability Admitted: Michael A. and Lenne Brown, et al v. US Case No. 1:14-cv-00094-EJD

The government has admitted its liability for taking more than 40 properties in McMinn County, Tennessee. The parties have retained a joint appraiser to value the amount of damages the government must pay the owners of these properties. The appraiser expects to be finished with the appraisal reports within the next 60 days and the landowners should be paid by year’s end.

To read our previous post about this case, click here.


McMinn County Landowners File Fifth Amendment Takings Claims

Almost 50 landowners have filed their Fifth Amendment takings claims against the federal government in this case. The government took the McMinn County landowners’ property on August 12, 2009 when it issued an order allowing McMinn County to acquire their property for a public recreational trail. Under Tennessee law, when CSXT abandoned its railroad operations, the land under its right-of-way should have reverted to the adjacent landowners. But the federal Trails Act prevented this from happening and, instead, allowed McMinn County to acquire the land.


Michael A. and Lenne Brown, et al v. The United States of America Case — 1:14-cv-00094-EJD

Arent Fox has been appointed class counsel to represent more than 30 McMinn County, Tennessee landowners who have filed their inverse condemnation claims against the federal government. These landowners own land abutting a 6.4-mile long right-of-way extending from Englewood to Athens, Tennessee.

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