Yes, under the Rails to Trails Act, Congress granted the federal government preemption authority to convert abandoned railroads into public trails. The Act allows railroad companies to transfer the unused railroad tracks to organizations that will convert it to public use. In order to transfer this land, the government “takes” the land used by the old railroad instead of allowing it to be returned to the adjacent landowners.

Yes, you could be entitled to compensation. The law allows a landowner to file a “takings” claim against the United States under the Fifth Amendment to the U.S. Constitution, which requires the government to pay “just compensation” if it “takes” private property for a public use. This applies even if the land is “rail banked.”

Our guiding principle is advocating for the rights of land owners seeking justice for property that has been taken by the government. We have experienced and aggressive trial lawyers who have handled hundreds of these cases, and been involved in the payment of significant compensation to landowners. We have the experience and depth of resources required to take on the federal government to get you the best outcome possible.

Our firm handles these cases on a contingency basis, meaning we do not get paid unless and until you get a recovery.  In other words, the contingent fee is paid to a lawyer only if the lawyer handles a case successfully. If you win the case, the lawyer’s fee comes out of the money awarded to you. If you lose, neither you nor the lawyer will get any money, but you will not be required to pay your attorney for the work done on the case.  Our firm covers all expenses related to the lawsuit and only gets reimbursed if and when there is a recovery.