Empire State Trail Case Details
ATTORNEY ADVERTISING
HISTORY OF THE EMPIRE STATE TRAIL EXTENSION IN DUTCHESS & PUTNAM NEW YORK
On February 8, 2024, at long last, the United States Surface Transportation Board (“STB”) has authorized the former Metro-North railroad corridor in Dutchess & Putnam Counties, New York to be converted to a recreational trail.
Click on the image below to download the Notice of Interim Trail Use.
Click to download and view The United States Transportation Notice of Interim Trail Use Decision filed on February 8, 2024.
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.
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.
What is the United States Trails Act?
The Trails Act is a federal program that permits the conversion of railroad lines into nature and hiking trails. In this instance, the trail would comprise a segment of New York’s Empire State Trail.
If the STB permits a trail conversion, which we expect to occur in the near term, then this would potentially result in the triggering of a claim for money damages in your favor against the United States government. The claim results from the blocking of reversionary property rights in the railroad corridor. This taking would require the United States to pay you just compensation under the Constitution. It is important to note that your claim would only be against the federal government and is NOT adverse to the Empire State Trail or an local entity sponsoring the trail.
The claim is based on New York property law. An owner of land that abuts a public right of way (in this case a former railroad corridor) is presumed to own a portion of the land within the right of way, such that when the railroad was ever abandoned the land would revert to their ownership. This is what should have occurred with respect to the land now comprising the trail. However, as a result of the government’s authorization to convert the railroad to a recreational trail, this reversion was blocked and resulted in a taking of property.
EMPIRE STATE RAIL-TRAIL BLOG & NEWS
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February 12, 2024
Stewart, Wald & Smith ("SWS"), the nation’s leading and only fully dedicated Rails-to-Trails law firm, has filed a lawsuit on behalf of landowners in Dutchess & Putnam Counties, New York against the federal government. This suit was filed in the United States Court of Federal Claims because of the extension of the Empire State Trail rail-trail conversion. The federal lawsuit captioned: Patrick Snee, et. al. v. United States, Case No. 24-00199, was filed on February 9, 2024.
The landowners named in the suit own land adjacent to a 41.1-mile stretch of abandoned railroad in Dutchess and Putnam Counties, New York. For some time now, government entities from Dutchess and Putnam Counties along with the Metropolitan Transportation Authority ("MTA") and the State of New York have been devising a plan to turn the inactive Metro-North railway from Beacon to the border of New York and Connecticut into a hiking trail or linear park.
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March 30, 2023
BEACON – The Metro-North Railroad is planning to abandon its Beacon Line that runs from Beacon to Fishkill, Hopewell Junction, Stormville, and Putnam County and integrate it into the Dutchess Rail Trail and the 750-mile Empire State Trail.
The original land for the track was in the form of an easement by the property owners and conversion to a rail trail, or linear park, would retain that right-of-way.
That’s where lawyer Steven Wald comes in to seek benefits for the landowners.
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March 23, 2023
A leading Rails-to-Trails law firm that successfully represented landowners in Albany, New York, along the Albany County Helderberg-Hudson Rail Trail, and that is currently representing landowners regarding another rail-trail conversion in Niagara County, New York in the towns of Newfane and Lockport, are now preparing to file suit for nearly 200 landowners in the United States Court of Federal Claims along the planned Empire State Trail extension / Beacon Line in the Hudson Valley.
For some time now, government entities from Dutchess and Putnam Counties along with the Metropolitan Transportation Authority ("MTA") have been devising a plan to turn the inactive Metro-North railway from Beacon to the border of New York and Connecticut into a hiking trail or linear park.
Rails to Trails Resources Presented to you by Stewart, Wald & Smith
Did you receive our mailer, or have any questions for us? We’re here to help you take the next step for just compensation.
Notable Success Examples
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In Haggart v. United States, our attorneys recovered $177,400,000 on behalf of 254 landowners in King County, Washington, along a 25.45-mile trail.
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In Raulerson v. United States, our attorneys recovered $33,300,000 on behalf of 264 landowners in Beaufort County, South Carolina, along a 25.05-mile trail.
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In Smith v. United States, our attorneys recovered $26,477,000 on behalf of 29 landowners in King County, Washington, along a 25.45-mile trail.
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In Ansley Walk v. United States, our attorneys recovered $18,416,000 on behalf of 5 landowners in Fulton County, Georgia, along a 1-mile trail.
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In Furlong v. United States, our attorneys recovered $14,200,000 on behalf of 272 landowners in Albany, New York, along a 10.94-mile trail.
