Arent Fox’s Thor Hearne Interviewed by The Associated Press Discussing Victory in Rails-to-Trails Case

    October 31, 2011

    Arent Fox partner Thor Hearne was interviewed by The Associated Press for October 26, 2011, story on the firm’s recent victory in the US Court of Appeals for the Federal Circuit in the Rails-to-Trails case Dana R. Hodges Trust v. United States, in which the court ruled the federal government must compensate property owners along a former railroad in western Michigan after the 22-mile line was converted to a recreational trail.

    The Associated Press reported:

    The easement property owners gave the railroad decades ago does not extend to the property's use as a trail, US Court of Claims Judge Edward Damich said Tuesday. The government will be on the hook for any payments because it allowed the railroad to give up the line between Lowell in Kent County and Greenville in Montcalm County.

    "The amount of compensation is going to be substantial," said Thor Hearne, attorney for the property owners. "It's a lot of land that's affected."

    To read the story, please click here.

    To read the court’s opinion in the case, please click here.