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

The U.S. Court of Appeals for the Federal Circuit recently ruled in favor of Missouri landowners – reversing the trial court’s erroneous decision – in a case where True North Law filed an amicus curiae brief on behalf of a distinguished property law scholar and professor.

In Behrens, et al. v. United States, Missouri landowners who own property taken by the federal government for a public recreational rail-trail filed claims against the government for the “just compensation” they are guaranteed under the Fifth Amendment.  The trial court erroneously ruled that the landowners were not entitled to compensation because the easement the railroad gained across these owners’ land in the early 1900s was broad enough to encompass not only railroad use, but public recreation.

The court of appeals explained that the trial judge wrongly interpreted Missouri law, holding, “in Missouri, trail use with the purported but speculative purpose of preserving the right-of-way for future railroad use does not fall within the scope of an easement granted for railroad purposes.”

True North filed its amicus brief on behalf of Professor James W. Ely, Jr., a renowned property law expert and legal historian and co-author of the leading property law text, The Law of Easements & Licenses in Land, which has been quoted and followed by the U.S. Supreme Court and many other courts across the country.

U.S. Court of Federal Claims issues a decision in favor of the landowners represented by True North Law

Thor Hearne and True North Law represent about a dozen landowners in southern Florida whose property was taken by the federal government to create a public recreational rail-trail.  After a successful appeal, the trial judge has now ruled in favor of the landowners in this case.

The Court of Federal Claims initially ruled in favor of the government in this case, denying the landowners’ claims.  We appealed that decision and were successful in getting the court of appeals to overturn the Court of Federal Claims’ initial decision.  The court of appeals then remanded the case to the Court of Federal Claims in order to allow the judge to continue the proceedings and order the properties to be appraised and the landowners paid.  But despite the court of appeals’ ruling, the government refused to acknowledge its liability.  Instead of paying these landowners the compensation that they are entitled, the government forced these landowners to endure another three years of litigation.  But in the end, the Court of Federal Claims issued at 84-page decision in favor of the landowners, and the landowners have prevailed again.

Unfortunately, however, the government has now prolonged this litigation even more by asking the judge to reconsider her decision.  The government is acting irresponsibly to further delay this case and attempt to deny relief to the landowners.  We are refuting the government’s motion and are confident the court will again uphold these owners’ Fifth Amendment right to “just compensation” for the government’s taking of their property.