Well, tyrant governors have a legacy to build.all of the ground the railroads set on is now stolen ground from the people it belongs to.....after the 100 year lease from the railroad the ground was suppose to go back to the property it was leased from
It was mostly owned as an easement, not leased. And it is a taking and therefor compensable.all of the ground the railroads set on is now stolen ground from the people it belongs to.....after the 100 year lease from the railroad the ground was suppose to go back to the property it was leased from
It was mostly owned as an easement, not leased. And it is a taking and therefor compensable.
There are literally dozens of ways the right of way was obtained for railroad, those ways changed over time, it is very inconsistent, the way you describe is just one possible way.all of the ground the railroads set on is now stolen ground from the people it belongs to.....after the 100 year lease from the railroad the ground was suppose to go back to the property it was leased from
An easement has no ownership at all, it is the right to use that which is owned by others. They should go to court if they can prove they should be compensated.It was mostly owned as an easement, not leased. And it is a taking and therefor compensable.
Your friends situation is anecdotal there are dozens of ways the rights were obtained, some legal, some not…i'm only going off what some friends told me that own property next to some old tracks in Bloomington that they tried to sue the city when they took it over for a bike path....they didn't get a dime.....they just didn't want a bike path in there back yard
I don't blame them. Upthread the process was discussed. Basically a Supreme Court decision years ago established that it was a taking. It is not automatic to pay compensation though. There are several law firms which specialize in putting together class actions. Both sides get appraisals, it goes to court, and settlements are paid. Like most public improvements, lots of folks want to be near them but few want to be on them.i'm only going off what some friends told me that own property next to some old tracks in Bloomington that they tried to sue the city when they took it over for a bike path....they didn't get a dime.....they just didn't want a bike path in there back yard
I hope the landowners get what they are due…Ahem.
Landowners owed payouts for Rails to Trails project
NEW ALBANY — Floyd County property owners with land abutting an abandoned CSX rail line may be entitled to federal payouts.www.newsandtribune.com
Someone smarter than myself should investigate this further as it seems to me that the tax payer is actually getting charge twice here:
1) Payment to buy back land given to CSX illegally.
2) Payment to land owners who lost property rights.
In these cases the condemnee receives the full appraised value of the real estate plus any damages. The legal fees are paid separately by the condemnor. The actions are not about whether compensation is owed but what amounts, damages, etc.Class actions. Go to court. Win judgement. Pay settlement. Lawyers take their cut. Everyone else gets a check for $1.37.
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All the court cases have been thrown out, and the trail construction begins next year.
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I will have too look, but I know a couple of the class actions got tossed. You really have to do a ton of sleuthing looking at various dockets. As is usual in this stuff, the news posts the initial juicy tidbits about the cases being filed.. never a follow upWhat case(s) were thrown out?