People living along the Chadwick Flyer Trail project could receive money from the U.S. government

As progress continues on the Chadwick Flyer Trail, a project that will connect Springfield and Ozark through a 12-mile hiking and biking path, property owners along the proposed route may be eligible for compensation from the federal government.

In two presentations Nov. 25 in Springfield, attorneys from the Lewis Rice Law Firm explained why and how some property owners bordering the future corridor, which largely follows the old Chadwick Flyer Railroad, may seek compensation.

While the project primarily involves local partners, including Ozark Greenways, the cities of Springfield and Ozark, and the Ozarks Transportation Organization, federal law eases the process by which property owners can sue the U.S. government if a decommissioned railroad is converted into a trail .

Who is entitled to compensation?

Lewis Rice’s attorney, Meghan Largent, said the primary factor in determining a property owner’s right to compensation is whether the railroad owns the property or has an easement for railroad purposes that vests between ownership of the railroad itself can be.

“If you think about it, why isn’t there just one standard way that the original railroad acquired all of this?” Largent said. “And what happens is the railroad gets lots of different types of transportation, so the railroad’s rights depend on what they negotiated with the landowner at the turn of the century.”

Largent’s presentation focused primarily on the stretch of railroad and the property on which it lies between Sunshine Street and Kissick Avenue, which was originally purchased by the St. Louis-San Francisco Railway and is currently owned by the Burlington Northern Santa Fe Railway.

However, Largent said other portions of the project, some of which have already been completed, raise potential “state law questions regarding property rights that require more thorough investigation.”

Although Missouri law removes the easement upon abandonment of the railroad, federal law allows railroad companies to sell or donate land previously used for railroad service to public or private entities willing to maintain the land as a route The easement is not considered a task.

In fact, the federal government, which retains jurisdiction over the line to keep the property within the national rail network, authorizes eminent domain on the property not owned by the railroad company and allows property owners to seek compensation under the Fifth Amendment USA to demand constitution.

Railroad companies must apply for a decommissioning permit from the Surface Transportation Board, an independent federal agency, for a railroad to be officially considered decommissioned.

“The railroad would have to certify that no trains have passed in the last two years, and then the insurance and maintenance would be too expensive,” Largent said. “Basically the STB’s argument is: ‘This thing is costing us more than we’re making money from it’.”

The City of Springfield is in negotiations with BNSF to acquire the railroad section between Sunshine and Kissick for the Chadwick Flyer Trail. Largent assumes that this will require a decommissioning permit from the STB.

Largent estimates that about 150 property owners will be affected by converting the same length of railroad into a trail, although the number of potential claims is likely smaller because BNSF may own some sections of the land on which the railroad sits.

A potential lawsuit is unlikely to impact the trail project

Once an abandonment request is submitted, a trail sponsor may submit a preliminary trail use statement. If the railway company is willing to negotiate with the route sponsor, the STB will issue an order for interim use or abandonment of the route, which initiates the process by which the railway line can be converted into a route.

“The day this order is issued, you now have two new easements on your land: first, you have the public right-of-way easement and future railroad use,” Largent said, noting that affected property owners did not receive direct notice of the order would receive.

Meanwhile, Lewis Rice’s Federal Takings and Rails to Trails practice is preparing to file suit on behalf of potential customers along the future Chadwick Flyer Trail once the order is issued by the STB.

With a six-year statute of limitations, property owners can file claims for damages in excess of $10,000 in the Court of Federal Claims, while lesser claims are filed in Federal District Court in Missouri.

Largent said compensation, when awarded by the court or reached through a settlement, is determined based on the value of the land area that remains under easement and, in some cases, the possible depreciation of a person’s property as a result of the ongoing easement Easement and accrued interest and legal fees.

While Lewis Rice settles most of the Rails-to-Trails cases – which, if they relate to the same project, are filed together, but not as a class action – some are going to trial.

Largent emphasized that filing a damages lawsuit would not hinder the trail project itself and that the lawsuit would be against the federal government, not the city of Springfield or any other local entity.

James L. Smith, a property owner along the railroad, is looking forward to the completion of the Chadwick Flyer Trail but plans to seek compensation from the federal government. Smith said Lewis Rice, who he plans to hire to represent his claim, is the second law firm he has contacted about the potential lawsuit.

Jack McGee

Jack McGee is a government affairs reporter for the Springfield Daily Citizen. He previously covered politics and economics for the Daily Citizen. He is a graduate of MSU with a Bachelor of Science in Journalism and a minor in Political Science. Reach him at [email protected] or (417) 837-3663. More from Jack McGee