Federal Takings

Arent Fox's Eminent Domain & Property Rights Practice

Federal Takings

North Carolina

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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. For many properties, the government has agreed the railroad only acquired an easement limited to railroad purposes. This will help us resolve the case in an expedited manner. We will be holding meetings with affected landowners on Tuesday, September 26 at the LeGrand Center in Shelby, NC.

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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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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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