INDIANA– Hundreds of Southern Indiana landowners whose property was seized by the federal government for the Monon South Trail recreational path can now pursue compensation following a landmark ruling by the United States District Court for the Southern District of Indiana.
On September 25, the court granted class certification to a putative class of nearly 300 landowners, represented by the law firm Lewis Rice, whose underlying railroad easement property was taken under the National Trails System Act. This act authorizes the conversion of abandoned railroad lines into public parks, a process often referred to as “rails to trails.”
The 62.3-mile Monon South Trail, a recreational hiking and biking path, is being developed along a former railroad segment running between New Albany and Bedford, Indiana, and crosses through Floyd, Clark, Washington, Lawrence, and Orange counties. The City of New Albany and the Indiana Trails Fund initiated the conversion process in 2018.
The grant of class certification is a critical step, allowing these landowners to be compensated for the taking of their property, which occurred when the government utilized the rail corridor for the public trail. The certification comes just before the original statute of limitations for filing individual claims was set to expire in February 2024.
Attorneys Lindsay Brinton and Meghan Largent, from Lewis Rice’s Federal Takings & Rails to Trails Practice Group, filed the successful motion for class certification.
“This is a landmark decision, as a class certification for a rails to trails case has not been certified by a district court in more than 20 years,” said Brinton. “We are pleased to be able to allow hundreds more landowners to obtain the just compensation that the federal government owes them.”
Lewis Rice has a history of representing Southern Indiana landowners in similar cases involving the Monon South Trail, including cases such as Kay v. United States, Cessna v. United States, Popp v. United States, and Lawrence County v. United States, all of which have previously been settled. The new class certification consolidates the claims of almost 300 property owners, clearing the way for them to receive payment for the government’s taking.
