Nathan and Deborah Childers et al. v. United States
Published: Jan. 4, 2014 | Result Date: Aug. 5, 2013 | Filing Date: Jan. 1, 1900 |Case number: 08-1981; 07-4262 Bench Decision – $5,701,580
Court
U.S. Court of Federal Claims
Attorneys
Plaintiff
Debra J. Albin-Riley
(ArentFox Schiff LLP)
Defendant
Facts
On April 2, 2004, the Surface Transport Board (STB) ordered a "rail-to-trail" conversion of a railroad right-of-way in Sarasota County, Fla. Plaintiffs' land abutted this right-of-way, and created a recreational trail easement on their properties measuring 50 feet wide and 12.43 miles long. The conversion created the Legacy Trail.
Plaintiffs owned 13 subject properties located in the county that was affected by the conversion. The properties included golf courses, family residences, vacant lots, and an automobile salvage yard. Plaintiffs sought just compensation from the imposition of the recreational trail.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs sought both encumbrance and severance damages, which they argued totaled to $8,703,800.
DEFENDANT'S CONTENTIONS:
Defendants argued that compensation to plaintiffs should only have been limited to the encumbrance, which was valued around $2,220,900.
Result
The court awarded plaintiffs $5,701,580.
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