Victory For Illinois Landowners in the United States Court of Appeals For the Federal Circuit

Victory For Illinois Landowners in the United States Court of Appeals For the Federal Circuit

Victory For Illinois Landowners in the United States Court of Appeals For the Federal Circuit

Rails to Trails Law Firm – Stewart, Wald & Smith

PEORIA, ILLINOIS, UNITED STATES OF AMERICA, January 4, 2024 /EINPresswire.com/ — Stewart, Wald & Smith, LLC, a leading rails-to-trails law firm, announced a significant legal triumph for landowners in Peoria County, Illinois. The United States Court of Appeals for the Federal Circuit has ruled in favor of 116 landowners, overturning the trial court’s decision in Barlow, et. al. v. United States, Case No. 1:13-cv-00396. The United States Court of Appeals opinion was issued on November 22, 2023, Case No. 22-1381.

The appeal originated from a rails-to-trails conversion known as the proposed Hanna City Trail. In 2013, landowners along the abandoned railroad corridor sued the federal government in the United States Court of Federal Claims, seeking compensation for a taking of land arising from the implementation of the National Trails System Act (“Trails Act”). The landowners argued that the various instruments originally conveying the land to the railroad for its right-of-way granted mere easements, and therefore the landowners held a reversionary interest to the land within the railroad right-of-way. The federal government argued the instruments conveyed full fee simple rights, and therefore the landowners did not have a reversionary interest in the land within the railroad right-of-way. The Court of Federal Claims agreed with the government and ruled the landowners failed to establish that the government was liable for a taking.

Following the decision, attorneys Michael J. Smith, Reed W. Ripley, and Steven M. Wald of Stewart, Wald & Smith appealed the ruling to the U.S. Court of Appeals for the Federal Circuit. The attorneys argued that that the instruments conveyed easements to the railroad and not fee simple ownership. After various briefs in support, an oral argument by attorney Michael J. Smith, and almost 2 years of additional litigation, the appeals court ruled in favor of the Illinois landowners. Stewart, Wald & Smith is proud to report a victory for the 116 clients who have been litigating this matter for over a decade.

While the ruling is cause for celebration, Stewart, Wald & Smith acknowledges that there is still work to be done.

About Stewart, Wald & Smith: Stewart, Wald & Smith is a leading law firm in rails-to-trails litigation. The firm ensures the rights of landowners are protected in the complex taking of land in rail-trail conversions across the country. For more information, visit www.swslegal.com.

Jackie Tebbe
Stewart, Wald & Smith, LLC
+1 314-720-0220
info@swslegal.com
Visit us on social media:
Facebook
Twitter
LinkedIn
Instagram
YouTube



Originally published at https://www.einpresswire.com/article/679120288/victory-for-illinois-landowners-in-the-united-states-court-of-appeals-for-the-federal-circuit

business banners

Latest posts

City of Miami Appeals and Miami-Dade County Files Cross Petition

On July 6, 2021, the City of Miami filed their latest appeal in the Coconut Grove Playhouse case to the Third District Court of...

MedCore Acquires Two Senior Living Communities in Detroit, MI

DALLAS, April 11, 2024 /PRNewswire/ -- MedCore Partners in partnership with REDICO/American House has completed the acquisition of two (2) senior living communities located...

Charlottesville, VA A Top Location for Raising A Family

The 2024 Ultimate Go-To Guide to Charlottesville The CharlottesvilleFamily Favorite Award Winners Kids doing archery at summer camp near Charlottesville, VA Results of...

Heritage Festival to return to Rock Springs Run State Reserve in 2025

Plans to build new library to showcase history of East Lake County Next year’s Spring event will be bigger and better,...

VAYK Confirmed Its Eligibility for $1.8 Million Investment through Federal EB5 Program

DALLAS, April 11, 2024 /PRNewswire/ -- Vaycaychella, Inc. (OTC Pink: VAYK) ("VAYK") today announces that the company has confirmed with legal experts of its eligibility...

Church of the Highlands Hosts Easter Events Emphasizing Hope, Love, and the Essence of Life

Church of the Highlands invites all to join in for holiday services BIRMINGHAM, ALABAMA, UNITED STATES, March 28, 2024 /EINPresswire.com/ --...

Miami Herald Op Ed by Commissioner Raquel Regalado

On July 3, 2021, The Miami Herald published an OpEd on the Coconut Grove Playhouse by Miami-Dade County Commissioner Raquel Regalado. You can see the...
celebrity reality tv