Monthly Archives: September 2021

The United States Court of Federal Claims recently issued an important decison in a Rails to Trails case involving some 59 properties adjacent to a former railroad corridor in Newton County, Georgia. The owners were seeking just compensation under the Fifth Amendment stemming from the imposition of a recreational trail across their properties. The primary issues before the court were the amount of just compensation to be paid for the taking and the appropriate interest rate to apply given the delay between the date of the taking and the date of payment. The decision was filed on August 31, 2021and the case is Gloria Jackson vs. United States in the United States Court of Claims (Nos. 14-397L, 15-194L) The property owners were represented by OCA Member Thor Hearne who has tried many such Rails to Trails cases. Mr. Hearne successfully argued in the case that the just compensation due the property owners must include significant damages to their remaining properties. For more information about the Rails to Trails Act read this handy brochure from OCA’s Featured Articles.

The Institute For Justice is celebrating its 30th birthday this month and we, at OCA, couldn’t be happier to share this good news with our own followers. Dana Berliner, IJ’s Senior Vice President and Litigation Director (who is also an Honorary member of OCA) recalls, “When I started at IJ in January 1994, we had yet to litigate our first property rights case. Now, 27 years later, it is our largest area of litigation, encompassing eminent domain, civil forfeiture, unconstitutional searches, zoning, and other areas.” IJ, which doesn’t charge its clients, has brought 10 cases to the Supreme Court and lost just one, Kelo v. City of New London. But that decision ended up propelling changes to restrict eminent domain takings for purely economic reasons  in no less than 44 states through litigation, legislation, and even constitutional amendments. Thank you Institute for Justice for all you do to protect private property rights and private property owners.