We are a National Authority in Property Rights, Constitutional Law & Appellate Litigation

Nationally recognized trial attorneys specializing in property rights, IRS disputes, appellate litigation and more.

The National Authority In

Eminent Domain Litigation

If the government takes private property the Constitution requires the government to pay the landowner “just compensation” for that property the government took form the landowner.  The Fifth Amendment to the United States Constitution says, “No person shall…be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Every state constitution contains a similar provision protecting an owner’s right to their private property.  Depending upon the circumstances of your case, you may also be entitled to be paid additional compensation for what the government took and the expenses you may have incurred in defending your right to be compensated.  The federal Uniform Relocation Act, 42 U.S.C. § 4601, et seq., requires the federal government (or a state government using federal funds or acting under federal authority) to pay your legal fees and litigation expenses.  The text of the Uniform Relocation Act is available here.

 

– Breaking News –

True North Law asks court to hold the federal government liable for taking additional Sarasota landowners’ property

True North Law represents hundreds of Sarasota, Florida, landowners in three lawsuits filed in the U.S. Court of Federal Claims.  In the most recently-filed lawsuit, Barron, et al. v. United States, Thor Hearne has filed a comprehensive motion for summary judgment asking the court to hold the government liable for taking 18 landowners’ property for the extension of the Legacy Trail public recreational rail-trail.  The motion argues the federal government violated the Fifth Amendment when it took these landowners’ property without paying them “just compensation.”

True North’s brief in support of its motion is available here.

 

U.S. Court of Appeals for the Federal Circuit hears oral argument in important Fifth Amendment taking case in which True North Law filed an amicus brief

This week, the Federal Circuit held oral argument in the appeal of an important Fifth Amendment taking case where the federal government took private landowners’ property in Missouri for a public recreational rail-trail.  The lower court erroneously held that, even though the railroad had only an easement across the landowners’ property (instead of owning the strip of land over which it built its railway in fee), the railroad’s easement was “unrestricted,” and therefore, allowed for the conversion of the abandoned railway into a public recreational biking and walking trail.

When the landowners appealed the decision, Thor Hearne filed an amicus brief on behalf of renowned professor of property law James W. Ely, Jr.  As the amicus brief pointed out, and as counsel for the landowners repeated in oral argument, the concept of an easement for any purpose is a “judicial unicorn” that doesn’t exist in the law.  As the U.S. Supreme Court has repeatedly explained, railroad easements terminate when no longer used for a railroad purpose.

True North’s amicus brief is available here.

Robert Thomas’ Inversecondemnation.com blog about the oral argument is available at:  https://www.inversecondemnation.com/inversecondemnation/2022/11/cafed-hears-arguments-in-two-takings-cases.html

 

 

 

 

 

About Us

True North Law Group

 

True North Law Group is a Thor Hearne law firm, making us an authority in property rights and appellate litigation.

We have spent the last 30 years ardently fighting for the rights of our clients in a variety of constitutional and appellate law cases, including pioneering rails-to-trails compensation law and winning more cases on behalf of landowners than any other firm.

Your constitutional rights should never be infringed – particularly by the government – and we have devoted our practice to protecting and defending citizens through dedicated trial advocacy.

Practice Areas

Expertise

Property Rights

& Eminent Domain


Protecting your 5th Amendment rights so that you receive just compensation for your property.

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Constitutional

Law & Voting Rights


Ensuring laws comply with the constitutions at the state and federal level, including fair elections and voting rights.

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Complex

Commercial Litigation


Advocating for businesses in complex property valuation, patent disputes, eminent domain lawsuits & more.

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Appellate Litigation

Federal & State Courts


Professional appellate litigation attorneys at all levels, including US circuit courts, state Supreme Courts and the US Supreme Court.

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Tax Court Litigation

Conservation Easements


Representing clients in tax courts for IRS disputes in land valuation, conservation easements, retirement benefits & more.

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Trial Advocacy
Professionals

Federal & State Courts


Experienced trial attorneys representing clients in a range of technical areas of law, including property rights, patents & more.

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Testimonials

Success Stories

 

“Mr. Hearne,

We appreciate your work in representing the homeowners along the Legacy Trail in Mission Valley, Nokomis, FL.  The case was Rogers v. U.S.  Over a decade-long fight your firm held fast and was successful.  Thanks!”


Bob and Madeline Havlick

Accreditations &

Affiliations

 

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(314) 296-4000
112 S. Hanley Road, Suite 200, St. Louis, MO 63105
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