Big Win for Landowner in Case Where True North Law Filed Influential Amicus Brief
A panel of the U.S. Court of Appeals for the Federal Circuit in Caquelin v. United States recently ruled unanimously in favor of an Iowa landowner whose property was taken by the federal government under the Trails Act for a public recreational rail-trail. Lawyers for the federal government argued the government was not required to pay Ms....
Sarasota Landowners Ask Court to Enjoin Removal of “Encroachments”
In conjunction with the recently-filed lawsuit asking the U.S. District Court for the Middle District of Florida to stop Sarasota County from removing “encroachments” from the Legacy Trail right-of-way, Thor Hearne and True North Law filed a motion for preliminary injunction to bring this to the court’s immediate attention. The motion asks the...
True North Law Files Federal Lawsuit on behalf of landowners to stop Sarasota County from removing Legacy Trail “Encroachments”
Thor Hearne and True North Law have filed a lawsuit in the United States District Court for the Middle District of Florida to stop Sarasota County from removing what the county calls “encroachments” on the Legacy Trail corridor. The lawsuit asks the judge to enter a temporary restraining order and injunction against Sarasota County to stop the...
Bloomberg Law article on the Court of Appeals Decision
The owners of land adjacent to a former railroad line converted to a hiking trail under the rails-to-trails program will have another chance to pursue takings claims after the Federal Circuit said the government failed to prove that the landowners didn’t own the property beneath the rail line. A Florida-law doctrine known as the “centerline...
True North Wins Significant Victory for Landowners in the Federal Circuit
True North represents Miami, Florida landowners whose property the Federal government took under the federal Trails Act. The federal Trails Act imposes a new easement for public recreation and a future possible railroad across landowners’ property. The United States Supreme Court has ruled that when the federal government invokes the Trails...
Major Win in the US Court of Appeals for the 11th Circuit
In a unanimous panel opinion, the 11th Circuit Court of Appeals ruled in our favor that a property owner is qualified to testify at trial regarding the value of her property, including severance damages, when a natural gas pipeline company took her property by eminent domain. Even though it is a long-established rule of evidence that property...
Thor Hearne Interviewed by Sarasota ABC 7 News – Legacy Trail
Thor Hearne Interviewed by Sarasota ABC 7 News about Sarasota County’s Demand that Landowners Remove “Encroachments” from the Legacy Trail Right-of-Way. Thor Hearne was interviewed by a reporter for Sarasota ABC 7 News about Sarasota County’s recent demand letter sent to hundreds of landowners along the northern extension of the Legacy Trail. ...
Sarasota, Florida Legacy Trail Case : ALERT
True North Law is responding to notices sent by Sarasota County to hundreds of Sarasota landowners. Sarasota County’s notices demand that landowners remove all “encroachments,” which include swimming pools, sheds, septic and drainage fields, patios, and other structures, from the Legacy Trail right-of-way on their property prior to February...
Amicus Brief in Hardy v. United States Trails Act Taking Case
On November 6, 2019, True North Law filed an amicus brief in the U.S. Court of Appeals for the Federal Circuit on behalf of property rights organizations and a prominent legal scholar in support of Georgia landowners whose land was taken by the federal government for a public recreational rail-trail. The Cato Institute, Southeastern Legal...
Sarasota FL – Legacy Trail Easement
This lawsuit is a Fifth Amendment taking case in which Sarasota County Florida landowners ask this Court to order the federal government to pay them for property the federal government took from them. The government took these owners’ land for the northern extension of the Legacy Trail between Sarasota and Venice. The Legacy Trail is a public...
@FederalTakings
True North Law's Founding Partner Thor Hearne explains rails-to-trails takings & government flooding cases on @J_Clint's Eminent Domain Podcast https://www.eminentdomainpodcast.com/podcast-episode-49-thor-hearne/
Thanks to @FedSoc for hosting this important teleforum. https://fedsoc.org/events/covid-19-impacts-on-environmental-enforcement-compliance
The Federal Circuit recently reaffirmed precedent governing the way courts evaluate the taking of private property in Rails-to-Trails litigation.
https://bit.ly/3d09k0x
Big win for landowner - US Court of Appeals for the Federal Circuit affirms prior precedent against the federal government in Trails Act 5th Amend. taking case. We filed an amicus brief on behalf of @CatoInstitute @reason @invcondemnation & others. https://truenorthlawgroup.com/big-win-for-landowner-in-case-where-true-north-law-filed-influential-amicus-brief/
Our sincere condolences to Dr. Wade's family and friends, and many thanks to Robert Thomas for this post. We are grateful to have learned from Dr. Wade most recently at this past @ALI_CLE eminent domain conference. @invcondemnation: "Aloha, Bill Wade PhD" http://ow.ly/k38k50zQmag
