An Overview of Landowners’ Rights in Federal Rail-to-Trail Conversions

Topic:

This presentation will address the process for federal rail-trail conversions under the National Trails System Act’s Section 1247(d), the related process in the federal Surface Transportation Board, and related Fifth Amendment litigation in the United State Court of Federal Claims. The presentation will also discuss landowners’ rights to compensation and how just compensation is determined in rail-trail conversions under federal law.

 

Time and Date:

Wednesday, January 17, 2024

Noon – 1 p.m. (EST)

11 a.m. – Noon (CST)

Participation:

Presenters:

Lindsay S. C. Brinton, a Lewis Rice member, primarily focuses on representing landowners across the country to pursue their Fifth Amendment Takings claims against the federal government. These clients’ claims arose from a conversion of their property under the federal National Trails System Act, which is commonly referred to as rails-to-trails takings. Lindsay focuses on both proving the taking has occurred as well as establishing the value of the property that was taken. In addition to her Fifth Amendment Takings cases, Lindsay also represents clients in litigated and non-litigated business disputes such as breach of contract matters, real estate litigation, construction matters, insurance disputes, regulatory matters, business torts, patent litigation, and professional liability matters.

Meghan S. Largent, a Lewis Rice member, primarily focuses on representing landowners nationwide whose property has been taken by the federal government without just compensation. In addition to establishing when the government is liable for taking land, Meghan’s practice centers largely on establishing the value of the land taken. Meghan also focuses her practice on appellate litigation and commercial disputes. She has assisted in drafting dozens of appellate briefs in the U.S. Supreme Court, U.S. Court of Appeals for the Federal Circuit, Eight Circuit, and Eleventh Circuit, as well as the Supreme Court and Appellate Court of Illinois and Appellate Court of Missouri.

Research & Materials:

Presentation Slides