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Do you own land along the future Great Redwood Trail?
YOU MAY QUALIFY FOR COMPENSATION FROM THE FEDERAL GOVERNMENT.
If you own land along the North Coast Railroad right of way you may be entitled to compensation for a taking of land due to the future Great Redwood Trail conversion.
Contact us today for a no-obligation consultation.
HISTORY OF THE GREAT REDWOOD TRAIL CONVERSION
Between 2019 and early 2020, following the issues presented by State Senator Mike McGuire and his plan to convert over 300 miles of abandoned railroad corridor to a public recreational trail, known as the Great Redwood Trail, Stewart, Wald & McCulley began investigating this railbanking plan and action as a potential lawsuit against United States government.
The suit was then filed in the United States Court of Federal Claims as a result of the rail-trail conversion, captioned: Ross Bewley, et al., v. United States, Case No. 1:22-cv-01589L.
Landowners may have a claim for the taking of their property along the former North Coast Railroad Authority (“NCRA”) abandoned right-of-way in Humboldt, Mendocino and/or Trinity Counties. As you may know or have recently heard, NCRA is to be dissolved as a company and the newly formed Great Redwood Trail Agency (“GRTA”) intends to become the trail operator. In other words, NCRA and GRTA are in the process of converting the right-of-way to a hiking and biking trail. Based on recent filings before the Surface Transportation Board (“STB”), the Notice of Interim Trail Use (“NITU”), triggered a taking under the Trails Act of land within the railroad corridor that was possessed an easement. In areas where the railroad only possessed an easement, adjacent landowners own the underlying fee, and therefore have a claim for a taking of land, and are entitled to compensation.
Under federal law, the issuance of a NITU blocks the railroad’s abandonment of the rail corridor, which otherwise would have resulted in the land reverting back to the adjacent landowners. Instead of allowing the railroad’s easement to extinguish, such that the land would return to the adjacent landowners, the NITU allows the easement to be transferred to a public group for a public trail. The conversion of that right-of-way to a trail for public use is, in many cases, a taking of property and may require compensation to adjoining landowners under the United States Constitution. This means that adjoining property owners may own the right-of-way in fee which was encumbered by an easement and, since adjoining landowners' reversionary rights for the easement were defeated once the land was “taken” for a public use, “just compensation” is due under the Fifth Amendment of the United States Constitution.
Stewart, Wald & McCulley thoroughly investigates the railroad corridor and identifies the original conveyance deeds to the original founding railroad. Those conveyances are paramount to the basis of the lawsuit. The key component to any rails-to-trails takings claim focuses on how landowners originally conveyed land to the railroad company at the time of the railroad’s construction.
Stewart, Wald & McCulley has long dedicated itself to landowners in the northern California area, as it was the first law firm to visit this stretch and hold regular property owner meetings in Eureka, Willits, and the Eel River Canyon areas to discuss this case and answer landowners’ questions.
Over the past two-plus years, SWM has established many meaningful and strong relationships with landowners who possess takings claims against the government for the conversion of the former railroad corridor to a potential recreational trail, including many prominent landowners in the Eureka, Eel River Canyon, and Willits areas.
Reach out to Stewart, Wald & McCulley for a no-obligation conversation. Although you have every right to not join the lawsuit, if you choose not to sign up, you are essentially donating your land to the federal government for the construction of the trail when you have the right, under the U.S. Constitution, to be paid just compensation for the value of the land taken plus interest that accumulates during the length of the lawsuit!
Your land has now been taken (there is nothing anybody can do to stop it) and your only options are to be paid just compensation or waive your claim.
See below for access to the recent Surface Transportation Board filings in this rail-trail conversion and a map filed showing the proposed abandonment and Great Redwood Trail route.
Map of railroad abandonment in Mendocino, Trinity and Humboldt Counties, CA provided in Surface Transportation Board Filings.
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 the current Saluda Grade rail corridor.
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 Great Redwood Trail or an local entity sponsoring the trail.
The claim would be based on California 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 occur with respect to the land that is slated to become the future rail trail. However, as a result of the Trails Act, the federal government can authorize the inactive railroad to be converted to a recreational trail, thereby blocking a landowners right to regain the property within the railroad corridor, which would result in a taking of land.
