Shelby Shopper Shelby NC
Issue link: https://www.ifoldsflip.com/i/1375157
Page 8 - shelby shopper & info - 704/484-1047 www.shelbyinfo.com Thursday, May 20-May 26, 2021 In late April, the United States Court of Federal Claims found in favor of three Cleveland County landowners, Jerry L. Allen, Kathy T. Dillow, and Settle Enterprises, LLC. The three plaintiffs said they were deprived their property which the Federal Government sold to the City of Shelby for the Rail-Trail conversion without just compensa- tion. Two other plaintiffs have since been included in the decision. The US Court of Fed- eral Claims determined that, under the terms of the easements that cre- ated this right-of-way and North Carolina law, Nor- folk Southern did not have the ability to convert this abandoned railroad cor- ridor into a public linear park. Seventy-five more landowners across Cleve- land County may also be eligible to receive com- pensation but must file before August 4, 2021 when the statute of limita- tions runs out. The situation began on August 4, 2015, when the federal government issued an order that pre- empted North Carolina law and allowed Norfolk Southern Railroad to sell its right-of-way to the City of Shelby to build a rec- reational trail. This order resulted in the taking of many properties in Cleve- land County. Three landowners, rep- resented by Meghan Lar- gent and Lindsay Brinton of law firm Lewis Rice, re- ceived compensation for private property that had been taken for right of way by the federal government and that land was sold to the City of Shelby without compensating the original owners, which violated their Fifth Amendment Rights: "No person shall… be deprived of life, liberty, or property without just compensation." The Federal Circuit held the federal govern- ment's liability in a Trails Act taking is established under a three-point analy- sis. • Who owns the strip of land involved, specifically, whether the railroad ac- quired only an easement or obtained a fee simple estate; • If the railroad acquired only an easement, were the terms of the easement limited to use for railroad purposes, or did they in- clude future use as a pub- lic recreational trail (scope of the easement); and • Even if the grant of the railroad's easement was broad enough to en- compass a recreational trail, had this easement terminated prior to the al- leged taking so that the property owner at the time held a fee simple un- encumbered by the ease- ment (abandonment of the easement). The five plaintiff's are represented by Meghan Largent and Lindsay Brin- ton of law firm Lewis Rice that focuses on represent- ing landowners across the country to pursue their Fifth Amendment Takings claims against the federal government. Largent and Brinton believe additional Cleve- 80 county landowners eligible for federal land settlement in Shelby Rail-Trail Service Layer Credits: Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, © OpenStreetMap contributors, and the GIS User Community 0 0.25 0.5 0.125 Miles AB 290 (Sub-No. 327X) Maps produced by the Surface Transportation Board, Office of Environmental Analysis are based on Information provided by the rail applicant and are for general reference purposes only. Legend Rail lines proposed for abandonment Rail lines proposed for discontinuance Norfolk Southern Railway Company Abandonment, Discontinuance of Trackage Rights, and Discontinuance of Service Exemption ° # # # Big Hickory Creek Bridge (Milepost SB 151.2) Little Hickory Creek Bridge (Milepost SB 150.3) Sulfur Springs Road Bridge (Milepost SB 150.2) Service Layer Credits: Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, © OpenStreetMap contributors, and the GIS User Community USGS The National Map: National Boundaries Dataset, 0 1 2 0.5 Miles AB 290 (Sub-No. 327X) Maps produced by the Surface Transportation Board, Office of Environmental Analysis are based on information provided by the rail applicant and are for general reference purposes only. Legend Rail lines proposed for abandonment Rail lines proposed for discontinuance Norfolk Southern Railway Company Abandonment, Discontinuance of Trackage Rights, and Discontinuance of Service Exemption ° Bridges # land County landowners could also be eligible for compensation; however, the statute of limitations relating to this taking will expire August 4, 2021. After this date, Cleveland County landowners will be barred from making a claim. If you believe the fed- eral government took your property for the Rail- Trail, the Just Compen- sation Clause of the Fifth Amendment to the Consti- tution requires the federal government to pay these owners for what the gov- ernment took. "The statute of limi- tations for filing a claim for compensation for the Shelby Rail-Trail conver- sion is August 4, 2021. After that date adjacent landowners will be barred from filing a claim for the compensation due for the taking of private property by the federal govern- ment. If you are interested in filing a claim please contact us at 314-444- 7777," said Attorney Lind- say Brinton. www.momsinprayer.org Our Mission: Moms In Prayer International impacts children and schools worldwide for Christ by gathering mothers to pray.