A group of Charles Mix and Bon Homme County landowners is taking the federal government to court.
The lawsuit claims landowners along a 24-mile rail line between Tyndall and Ravinia are due compensation.
The lawsuit revolves around a program called rails to trails. It takes abandon railroads around the country and repurposes them into hiking and biking trails.
The state of South Dakota requested a portion of state-owned rail in south-central South Dakota be converted to public trail. The federal government granted the state’s request.
Easements and eminent domain used when the rail was built continue to affect landowners along the route. The landowners’ attorneys said they are due compensation for the continued easement of their property.
Meghan Largent is the lead attorney representing landowners in South Dakota.
“The government, by issuing this order, converts this property to a new and different use. This prevents it from going back to the landowner, but no notice is given to the landowner. So, the only way to receive compensation is to sue the United States,” said Largent.
Largent said landowners have two choices in suing the government. One, the federal court in South Dakota, is limited to compensating up to $10,000 per person. She chose to bring the lawsuit to United States Court of Federal Claims. This court does not limit how much compensation a single person can receive.
Largent said a common issue she runs into is the lack of communication between agencies and landowners.
“In my opinion, one of the problems with this portion of the trails act law is that no notice is given to the landowners. The federal government doesn’t give notice, the railroad is not required to give notice. In this case, the state of South Dakota. Nor is the trail group required to give the landowners notice of what’s happening ,” said Largent.
Largent said there have only been six owners in South Dakota that have approached her for representation. She said over 200 could be entitled to compensation along the 24-mile route.
The justice department through the Environmental National Resource Division defends the federal government in these cases. The office not respond to a request for comment on the case.
