February 8th, 2022 — By — In OCA Blog
Legacy Trail Property Owners Receive Favorable Decision in Federal Case
In Cheshire Hunt v. United States, the Court of Federal Claims ruled recently in favor of landowners who held property abutting an abandoned railway that was subsequently converted into a public recreational rail-trail called the Legacy Trail. The property owners were represented by OCA Member, Thor Hearne. As part of the rail-trail conversion, Sarasota County had demanded that the owners remove fences and other structures from the one-hundred-foot-wide rail-trail corridor, even though those structures had existed for decades with the County’s and the railroad’s permission, and even though the structures had not interfered with the railroad’s operations. In the newly issued decision, the court held that the federal government was responsible for paying for the cost of removing these structures under a given set of criteria. Thor Hearne has successfully represented many property owners in these rails to trails conversions and is considered an expert in the area. For more information and background about this case, visit the True North Law Firm website.