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Lawsuit Seeks Payment For Land Taken to Create Trails

Cyclists like Mark Taubensee  seem to love the rails to trails path that connects Indian Creek to Bedford.

"There's a lot of where they had to cut through limestone hillsides, so you get these beautiful cliffs on both sides of the trail. It's really gorgeous, and It's an easy ride," Taubensee says.

But attorney Lindsay Brinton says many people may be entitled to money for the trail as it crosses through what was once their property. The government took private property to build the trail in 2010.

"All landowners have a right to make a constitutional claim if the federal government takes your property."

"All landowners have a right to make a constitutional claim if the federal government takes your property, and so we just want to alert and inform land owners of their right," says Brinton.

The case Schulenberg vs. United States is holding the door open for those in southern Indiana between Crane and Bedford to seek payment for land taken as a part of the national Rails to Trails project.

According to Brinton, the federal government is not obligated to inform landowners of the land they are taking, so many potential plaintiffs may not be aware their land was taken.

The Department of Justice declined to comment citing pending litigation. They added that the creation of the trails made under the Trail Act is very public, and the filing of the railroad and other parties are published on the Surface Transportation Board's website.

Brinton says 10 have joined Schulenberg vs United States. A previous case about the same issue included over 100 claims. Those hoping to join the most recent lawsuit will have until September 15.