Nearly 300 landowners in southern Indiana whose property was taken by the federal government for the Monon South Trail now can receive compensation for it.
Last week a judge granted a class action lawsuit and certified it as opt-out class action, attorney Lindsay Brinton of the Lewis Rice law firm said. This means the landowners will automatically be able to be compensated unless they choose to remove themselves from the lawsuit.
Landowners’ property was taken in February 2018 after the federal government authorized the conversion of a former railroad corridor to a 57-mile trail connecting five counties from Lawrence County to the Clark-Floyd county line, Brinton said. Following the authorization the Lewis Rice firm filed different lawsuits for more than 100 landowners who have received compensation.
At that time landowners had six years to file a claim due to a statute of limitations, she said. The firm filed a class action lawsuit in the United States District Court for the Southern District of Indiana in February 2024 on behalf of landowners who haven’t previously filed a claim for compensation.
Brinton said these cases are considered inverse condemnation cases. That means property is taken first then the owners have to sue the government if they want to be paid.
“Oftentimes, landowners only learn about their rights to file claim for compensation when a law firm or lawyer such as myself contacts them,” she said. “The federal government doesn't provide notice, doesn't tell these landowners, you know, we've taken your property, or we're going to take your property, you're entitled to this compensation.”
Brinton said under Indiana law, landowners should have received their land back due to an easement. An easement is a limited right to use something for a limited purpose, like a railroad.
However, railroad CSX worked with local trail sponsors to sell the railroad and used a federal program that authorized the conversion and preempted the state law, Brinton said.
Land damages will be limited to $10,000, but landowners will also be entitled to interest damages and attorney expenses, she said. The goal is for landowners to be compensated by 2026.
Brinton said they are in the process of reaching out to the landowners to make them aware of the class action.