Neighboring Rail Trail Landowners and the “Taking” Claim

It has come to our attention that many property owners adjacent to the rail corridor are being contacted by law firms about the possibility of joining a lawsuit seeking compensation from the Federal Government for any property that might have been “taken” when the Shenandoah Rail Corridor was built in the 1850’s.

This is not an action of the Shenandoah Rail Trail Partnership. Rather, it is commonplace for these pretty specialized law firms try to organize landowners anytime it becomes public that a rail owner is considering abandoning a rail corridor.

In our case, the current rail owner, Norfolk Southern, announced in 2020 they were willing sellers of the route which triggered the lawsuit process in our area. If the lawsuit is brought forward and successful, it will not involve or impact in any way the ability of Norfolk Southern to negotiate the sale of the corridor. Nor will it impact the ability of the Partnership to convert the unused rail corridor into a rail trail.

If you have been approached by one of these law firms, it may be in your best interest to consider their offer under the guidance of your own legal counsel. One of the law firms we’re aware of recently posted a thorough explanation and history of the basis for the lawsuit and potential compensation for landowners neighboring abandoned rail corridors.

If you have any questions, please feel free to reach out to info@shenandoahalliance.org and we’re happy to help you find more information.