Federal Takings

Arent Fox's Eminent Domain & Property Rights Practice

Federal Takings

Current Cases

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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.

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Case Update: Takings Compensation for Landowners in Miami-Dade, Florida (Castillo v. United States)

Arent Fox LLP has filed a claim on behalf of a group of Florida landowners against the federal government.  For many properties, the government has agreed the railroad only acquired an easement limited to railroad purposes.  We are in the process of moving for summary judgment to establish the government’s liability for taking these owners’ property.  The briefing will be completed by year’s end and we hope to move forward with the appraisal phase early next year.  Additional landowners along the Ludlam Trail extension are still eligible to make a claim for compensation

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Michigan Landowners Petition Sixth Circuit Court of Appeals for Rehearing on Critical Constitutional Question

In Brott v. United States, a group of Michigan landowners are courageously demanding their right to a jury trial and right to be heard in a judicial court (instead of a legislative court without a jury) in their lawsuit seeking compensation for the federal government’s taking of their land.

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Arent Fox Files Fifth Amendment Takings Brief in Hurricane Katrina Case

Arent Fox's Federal Takings team has filed an amicus (friend of the court) brief in an important Fifth Amendment takings case involving the government's role in the flooding of New Orleans during and after Hurricane Katrina. The brief, filed in the US Court of Appeals for the Federal Circuit in St. Bernard Parish Government v. United States, is available here.

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South Carolina Property Owners Close to Receiving Payouts

Earlier this week, counsel Lindsay Brinton talked with GSA Business after news broke that owners of about 10 properties along a planned southern extension of the Greenville Health System Swamp Rabbit Trail have moved closer to collecting payouts from the federal government. GSA Business reported there are another 50 property owners in Greenville who are eligible but they may not know it.

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Arent Fox Files US Supreme Court Amicus Brief in Important Civil Liberties Case

Washington, DC — On April 21, Thor Hearne and Steve Davis of Arent Fox LLP filed an amicus brief before the US Supreme Court in Trinity Lutheran Church of Columbia, Inc. v. Pauley. This case will determine whether a church can be excluded as the recipient of a non-sectarian non-religious government program simply because it is a religious organization. Arent Fox’s brief can be found here.

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Federal Government to Pay Local Landowners in Indiana (McCarty v. United States)

In McCarty v. United States, an Arent Fox takings case, the government recently admitted liability for property taken to create the Milwaukee Trail and agreed to pay damages, reported the Times-Mail.  With the statute of limitations expiring this Friday, any landowners that are not currently a part of the lawsuit are on deadline to add their claims for compensation. Arent Fox represents more than 100 Indiana property owners who are upset about the trail using their their personal property.

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Case Update: James v. United States

A group of Chesterfield and Darlington 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. The government has admitted its liability for taking these properties and agreed to pay the landowners their just compensation. The parties have selected a joint appraiser – George (Jake) E. Knight, Jr. out of Columbia, SC – to value the government’s taking. Mr.

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Case Update: BHL Properties, LLC v. United States

A group of Racine County, Wisconsin landowners has filed their inverse condemnation claims against the federal government. These landowners are seeking compensation for the taking of their property. The parties are finalizing the title stipulations and plan to begin the appraisal process this summer. Landowners should be paid by year’s end. 

For more information about this case, please contact Lindsay Brinton.    

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Case Update: D’Ostroph, et al. v. US and Benzin, et al. v. US

Case Information

D’Ostroph, et al.  v. United States

Benzin, et al.  v. United States

(formerly Deck v. United States and White v. United States)

Case Update

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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.