Landowners near Knoxville ‘rail-to-trail' project file lawsuits seeking compensation
In December, the city and Legacy Parks Foundation announced plans to convert the seldom-used stretch of railway into a nature and hiking trail through the National Trails System Act. Two law firms have filed federal lawsuits on behalf of landowners, arguing federal approval of the project could entitle landowners to monetary compensation.
PREVIOUS: New Rail-to-Trail project hopes to spur growth in South Knoxville
During the proliferation of railroads in the 1800s or early 1900s, railroad companies would make agreements with landowners during the creation of these railway corridors. If the land was not purchased outright by the company through imminent domain, many would acquire the right to use land for railroad purposes by receiving an easement.
Easements preserved a landowner's rights to take the land back if the railroad company were to abandon the corridor. Since Gulf and Ohio Railways has applied for abandonment of the property of the South Knoxville rail line with the intent of offering it up for the greenway project, neighboring landowners could be entitled to compensation if Gulf and Ohio Railways acquired its use through an easement.
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The Fifth Amendment of the U.S. Constitution states that the federal government cannot take private land from landowners for public use without paying just compensation.
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Landowners have a limited period of time to file a claim. Both law firms are set to hold meetings this month for potential plaintiffs.
Lewis Rice LLC will host meetings on Wednesday, April 16 at 5:30 p.m. & Thursday, April 17 at 9 a.m. and 12 p.m. at Kern's Food Hall- 2201 Kern's Rising Way
Stewart, Wald & Smith will be holding informational meetings on Wednesday, April 16, at 5:30 p.m. & Thursday, April 17 at 9:00 a.m. at Hampton Inn & Suites, Knoxville- Downtown, Rocky Top Boardroom, 618 W Main St.
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