Updates on the Rails-to-Trails
Private Property Takings and Trespass Cases

Landowners continue to enjoy victories in federal and state courts that preside over the hiker / biker trespass and takings cases. Most recently, in a Nebraska US District Court, the US was held responsible for taking private property for the rails-to-trails conversion. In the United States Court of Federal Claims, the Court favored landowners when finding an Idaho railroad deed conveyed merely an easement rather than fee title, thereby disagreeing with a US District Court judge that had arrived at a contrary conclusion on an identical deed. Rejecting a county's 10-year history of denying culpability, the Ohio State Supreme Court recently ordered a county park and planning board to pay landowners for taking their private property. Meanwhile, a third class action brought by the firm is nearing completion.

Ackerson Kauffman Fex, PC, is a "boutique" law firm that focuses its practice in defending private property rights. We defend clients' rights in eminent domain proceedings, trespass and slander of title, and in property takings actions against state and federal government entities. In addition to individual cases brought on behalf of our clients, we have been appointed as lead counsel in five class action takings cases against the United States. Two of those cases have already settled. A third, Bywaters v. United States (E.D. Tex), is currently pending and is nearing settlement proceedings in the US District Court. The other two actions are in ongoing litigation.

Nov 01. 08 - Ackerson Gets $500,000 Award for Indiana Farm Bureau. Ackerson Kauffman Fex announced yesterday that as a result of its successful representation of property owners in Indiana and other states, $500,000 will be paid to the Indiana Agricultural Law Foundation (IALF), a nonprofit foundation created by the Indiana Farm Bureau.

 

Jan 15. 08 - US District Court issues liability judgment against the US Government for taking private property. A federal court in Nebraska issued a ruling, finding the US Government liable when converting federally-created railroad rights of way into recreational trail use. This decision is consistent with the court's earlier decision from 2003, finding the Government liable for converting state-created easements into hiker/biker trails, and with similar decisions from other jurisdictions.

 

 

Nov 30. 07 - Government Ordered to Follow Law and Compensate Landowners
Landowners Win 10-Year Battle to Regain Their Property.
The Ohio Supreme Court has ordered a county park board to pay landowners for taking their land for a recreational trail. The decision ends the landowners' ten-year odyssey in state and federal courts and sets a legal precedent for landowners elsewhere.