Rails to riches? Possible payout for landowners along Bonita Estero Rail Trail
If and when the proposed Bonita Estero Rail Trail happens, said Lindsay Brinton, landowners along the path could receive thousands or even millions of dollars in compensation.
Brinton and her colleague Meghan Largent from the St. Louis law firm Lewis Rice LLC held a series of meetings Thursday at the Embassy Suites in Estero to acquaint property owners whose land is adjacent to the abandoned Seminole Gulf railroad tracks running from Alico Rd. to northern Collier County with their legal rights.
Typically, the railroad does not own the land under their roadbed but received an easement or right-of-way from the government over privately-owned lands when line was built in the early 1900s.
No trains have run along the tracks for about 15 years, and that constitutes abandonment, said Brinton. The railroad is eager to monetize their asset, and would be a willing seller, although the valuation of the roadbed can vary wildly depending on who is doing the appraisal. An advocacy group, Friends of the Bonita Estero Rail Trail (BERT), was created last September to push for the trail’s creation, and now boasts 1,600 members. They are working with the Trust for Public Lands to line up financing purchase the land, or the easement, from Seminole Gulf Rail.
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Money to compensate landowners along the tracks is a separate issue. Converting the railroad easement to a rail-trail constitutes a “taking” under eminent domain, but it is up to the property owners to assert their rights. The government does not notify landowners, or pay them anything if they do not file a claim, said Brinton, and this is where her firm comes in.
Lewis Rice sent notices to about 300 landowners informing them they could be due compensation and advertising the meetings. Those letters didn’t arrive in mailboxes until the day before or even day of the meetings, and turnout was light at the three sessions. Many of the landowners have addresses out of the area, all over the country. The tally was zero attendees for the morning meeting, six at noon, and three for the evening session, said Largent.
There is no rush for landowners to file a claim, with a six-year window from the actual “moment of taking” when the easement is granted for BERT. That typically takes two or more years, said Brinton, but based on her experience working dozens of rail-to-trail conversions, she is convinced it will come to fruition.
“It’s not a done deal yet, but all the wheels are in line,” she said. “The railroad wants a deal, and the Trust for Public Lands is here to negotiate a deal.”
Her firm is “trail-neutral,” said Brinton, with their interest being solely in helping landowners receive compensation they are due. Of course, if the trail doesn’t happen, the lawyers, who work on a one-third contingency fee basis, earn nothing. The Lewis Rice materials handed out to attendees said filing a claim would not in any way hurt or affect the creation of a public recreation trail. The law firm is happy to work with citizens’ groups such as Friends of BERT, she said, but their particular concern is compensation for the landowners along the trail. Friends of BERT could not be reached immediately for comment.
“Based on the value of the land in the right of way, we could be looking at seven-figure damages,” in the millions, said Largent. “For an individual homeowner, it could be several thousand.” Payouts depend on fair market value, and additional compensation is given for berms, fences or screening to shield the property owner from the trail. “The value goes up with some sort of buffer,” said Largent.
The proposed BERT runs east of US 41and then west of Old 41, crossing the Imperial River at Riverside Park in Bonita Springs. It passes commercial and residential properties, and cuts through golf course communities including The Vines in Estero.
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This article originally appeared on Naples Daily News: Rails to riches? Possible payout for owners along Bonita Estero rail
