Seeking Relief In The Court Of Federal Claims
Outstanding lawyer Thor Hearne of Aaron Fox has filed an action to protect those property owners who maintained an interest in the formerly used railroad easement properties. The properties were contemplated for railroad use only, giving rise to a claim to compensation in the Court of Federal Claims. The "taking" of the rights occurs without the filing of a condemnation complaint, necessitating the need for the owners to take the action
Although the property is owned by the individuals, control of the property is held by the federal government with the Surface Transportation Board governing what can be done with it, Hearne said. The easement restricts access by property owners which could devalue their properties, he said. “It’s not like a normal condemnation where the government comes in and sends you a notice saying ‘we’re taking 20 acres of your property for a highway,’ ” Hearne said. “In this case they never tell the owners anything. They just do it. They leave it up to the property owners who have to individually bring their case in the U.S. Court of Claims which is in Washington, D.C. And it’s the only court that has the jurisdiction to award them any compensation.”