Landowners eligible to file claim for compensation for land adjacent to Ecusta Trail
More than 200 land owners in Henderson County and Transylvania County could have money coming to them if they own land adjacent to the ongoing Ecusta Trail project, according to the Lewis Rice law firm, which will be making a stop in Henderson County next week.
The firm said in a news release on May 22 that it will have two of its lawyers from the Federal Takings & Rails practice - attorneys Lindsay S. Brinton and Meghan S. Largent - in town next week to host an educational meeting, which will be held at 5:30 p.m. May 31 at Chelsea’s Event Center at Etowah Valley Golf & Resort in Etowah.
The lawyers will discuss the potential compensation claims of landowners who own property adjacent to the 20-mile Ecusta Trail, a hiking and biking trail that is being constructed between Hendersonville and Brevard.
The firm said there are currently more than 200 landowners who have not filed a claim for compensation but are eligible to do so.
Ecusta Trail: United Community Bank gives $25K to Ecusta Trail; Polk County buys 140 acres
At the meeting, attorneys will explain why and how a claim can be made against the federal government, timing of the claims, how landowners will be represented in pursuing their takings claims and how compensation will be determined.
Ecusta Trail compensation suit: More than 100 landowners set to hear U.S. position
According to the release, Lewis Rice attorneys have successfully represented more than 125 local landowners in the first and largest case regarding the Ecusta Trail rail-trail conversion: Austin v. United States.
“The federal government took these North Carolina owners’ property and the Just Compensation Clause of the Fifth Amendment to our Constitution requires the federal government pay these owners for what the government took,” the suit said, according to past Asheville Citizen Times reporting.
Ecusta Rail Trail: Ecusta Rail Trail reaches 30% design phase milestone
In this case, the federal government agreed to its liability and obligation to pay the landowners. The Lewis Rice attorneys are currently working with the landowners to determine the compensation they are owed.
About Lewis Rice’s Federal Takings & Rails to Trails Practice: Lewis Rice's federal takings attorneys represent landowners throughout the United States pursuing takings claims against the federal government. One primary focus of the group is representing landowners in what is commonly referred to as rails to trails takings. Attorneys in this group litigate cases in the United States Court of Federal Claims on behalf of those whose property was taken by the federal government pursuant to the National Trails System Act, which authorizes abandoned railroad lines to be converted to public parks. The goal is to obtain compensation from the government for the taking of their land for the public recreational trail. The attorneys in the Federal Takings Practice Group focus on both proving the taking has occurred as well as establishing the value of the property that was taken. Their national work for landowners includes representing landowners coast-to-coast, including 11 states. More information is available online at railstotrailslaw.com.
Dean Hensley is the news editor for the Hendersonville Times-News. Email him with tips, questions and comments at DHensley@gannett.com. Please help support this kind of local journalism with a subscription to the Hendersonville Times-News.
This article originally appeared on Hendersonville Times-News: Land owners adjacent to Ecusta Trail can file claim for compensation
