Federal Takings

Arent Fox's Eminent Domain & Property Rights Practice

Federal Takings

Indiana

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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.

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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: McCarty v. United States – Settlement

Arent Fox, LLP secured settlement on behalf of more than 100 landowners in Lawrence and Martin Counties, Indiana. The federal government has paid these owners their just compensation for taking their property for a rail-trail conversion. Litigation is still pending in the companion case, Schulenburg v. United States, which involves properties along the same Milwaukee rail-trail corridor.

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Case Update: Schulenburg v. United States

Arent Fox has resolved the claims of more than 100 Martin and Lawrence Counties landowners in McCarty v. United States. These landowners will be paid this fall. In the companion case, Schulenburg v. United States, covering the same Milwaukee trail of about 20 miles of abandoned rail line stretching from Bedford to Crane, additional landowners who want to similarly be paid their just compensation have until August 31st to be added to the Schulenburg case. 

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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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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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Lawrence and Martin County Landowners File Fifth Amendment Takings Claims

More than 75 landowners have filed their Fifth Amendment takings claims against the federal government in this case. The government took the Lawrence and Martin County landowners’ property on March 25, 2010 when it issued an order allowing the Indiana Trails Fund to acquire their property for a public recreational trail. Under Indiana law, when the railroad 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 the trail group to acquire the land.

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Indiana Public Media Talks with Partner Thor Hearne about Indiana Rails-to-Trails Case

Arent Fox partner Thor Hearne was quoted by Indiana Public Media in an article about a class action rails-to-trails case in Indiana that includes more than 60 plaintiffs.

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McCarty v. United States Case Certified as a Class Action

Thor Hearne and Arent Fox LLP have been appointed class counsel by the US Court of Federal Claims in McCarty v. United States, Arent Fox’s rails-to-trails case in Martin and Lawrence Counties in Indiana. The court granted Arent Fox’s request to have the case certified as a class action, which means any landowner along the railroad corridor may join this case and seek compensation from the federal government.

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Dan and Jean McCarty, et al. v. The United States of America — No.1:14-cv-00316-MCW

More than 20 landowners in Martin and Lawrence Counties, Indiana have filed their inverse condemnation claims against the federal government. These landowners own land abutting a 20.76-mile right-of-way extending from Crane to Bedford, Indiana.

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