Landowners whose property is taken for recreational trails rely on Stewart, Wald & Smith to recover money for them from the government. We have recovered more money in Rails-to-Trails litigation than any other law firm: $390 Million and counting.

Our firm has extensive experience handling Rails to Trails cases asserting the property rights of landowners against the federal government in the United States Court of Federal Claims.  We encourage you to review our listing of successful cases and compare it with other firms. Our specialized experience and skills have driven our unparalleled success, involving land in over 29 states.

At Stewart, Wald & Smith, our dedicated team takes pride in making your claims process clear and simple. You will never pay any fee unless the case is successful, and even then, the fee comes out of the award, and not your pocket. If we are not successful in the lawsuit, you do not pay our firm any fees or expenses whatsoever. If you would like to discuss your claim and understand your rights in more detail, please contact us. 

1. Our case is not adverse to the trail or the trail operator in any way, shape, or form. Our cases are completely neutral towards the trail and trail operator, and will not change anything on the ground. Our only adversary is the federal government. Our case is simply saying that if the government is going to authorize the land in the former railroad corridor to be turned into a public park/trail, then the public should have to pay for it and compensate the landowners on whose land the park/trail is being placed. The only two outcomes of the case are that a landowner will receive compensation or not.
   
    
2. The only defendant is the United States of America.
   
    
3.  If you do not bring a claim for compensation you will not be paid any amount for your land.
   
    
4. Stewart, Wald & Smith represents you on a contingency fee basis, which means you do not pay us unless we a recovery is made for you.
   
    
5. You will never pay Stewart, Wald & Smith for expenses in the case regardless of if we win or lose.
   
    
6. Neither the federal government nor the trails group will make you an offer to compensation you for your land if you do not take action and join a lawsuit to bring a claim against the federal government.
   
    
7. The federal government is the defendant and liable party in rails-to-trails cases because it is the federal government that gives authorization for railroads to be converted to trails under the federal railbanking procedure.  
   
    

8. If you sell your property after we file the lawsuit, nothing will change.  The claim will continue to be yours because you owned the property on the date of taking.

    

   
   
    

    

HISTORY OF THE EMPIRE STATE TRAIL EXTENSION IN DUTCHESS & PUTNAM NEW YORK

On April 30, 2021, Metro-North Commuter Railroad Company (“Metro North”) filed an Application for Discontinuance with the United States Surface Transportation Board (“STB”) to discontinue service over 41.1 miles of railroad line in Dutchess and Putnam Counties, NY. The discontinuance begins in Beacon, NY, passes through Hopewell Junction and Brewster, NY and ends at the New York / Connecticut state line. In that filing, Metro North indicated that it is seeking discontinuance authorization in order to render the portion of line from Beacon to the New York / Connecticut state line eligible for conversion into a recreational trail pursuant to the United States Trails Act.

Empire State Trail Planned Route Dutchess & Putnam Counties

On February 8, 2024, at long last, the United States Surface Transportation Board (“STB”) authorized the former Metro-North railroad corridor in Dutchess & Putnam Counties, New York to be converted to a recreational trail.

This authorization triggered a takings claim for landowners along this corridor. This means that you would potentially have a claim for money damages in your favor against the United States government. This claim results from the blocking of your reversionary property rights in the railroad corridor.  This taking would require the United States to pay you just compensation under the Fifth Amendment of the United States Constitution.

It is important to note that this claim would only be against the federal government and NOT adverse to the Empire State Trail or any local entity sponsoring the trail. We also recognize that some landowners may already have a trail established along their properties, and some may not.  

Our office has now filed multiple lawsuits for approximately 200 landowners in the U.S. Court of Federal Claims seeking compensation for a taking of their land by way of a blocking of their reversionary interests in the railroad corridor.

Lawsuits filed by Stewart, Wald & Smith on behalf of landowners in Dutchess & Putnam Counties, NY along the current or planned Empire State Trail:

Zanzarella, et. al. v. United States, Case No. 24-239, United States Court of Federal Claims

Snee, et. al. v. United States, Case No. 24-19901, United States Court of Federal Claims

Almenas, III, et. al. v. United States, Case No. 24-199, United States Court of Federal Claims

Durk, et. al. v. United States, Case No. 24-2391, United States Court of Federal Claims

Sherman, et. al. v. United States, Case No. 24-2010, United States Court of Federal Claims

Active Dog, et. al. v. United States, Case No. 25-1540, United States Court of Federal Claims

To retain Stewart, Wald & Smith to represent you in this rails-to-trails case, you may access the Contingency Fee Agreement at the top of this page or contact us.

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