As progress marches on with the Chadwick Flyer Trail project, aiming to connect Springfield and Ozark with a 12-mile walking and biking trail, property owners along the planned route find themselves in a unique situation. This article delves into the details of how these property owners may be eligible to seek compensation from the federal government.

Why Property Owners May Be Eligible for Compensation

When it comes to determining a property owner's case for compensation, the primary factor is whether the railway company owns the property or holds an easement for railroad purposes. As Meghan Largent from Lewis Rice attorney explained, different conveyances to the railroad over the years have led to varying rights for the railroad. For example, the stretch of railroad between Sunshine Street and Kissick Avenue, originally acquired by the St. Louis-San Francisco Railway and now owned by Burlington Northern Santa Fe Railway, presents a specific set of circumstances.Even though Missouri law extinguishes the easement upon railway abandonment, federal law allows for the sale or donation of the land to public or private entities willing to maintain it as a trail. This means that the federal government, which maintains jurisdiction over the trail, is authorizing eminent domain on the property not owned by the railway company. Railway companies must apply for abandonment authorization from the Surface Transportation Board, and once an abandonment application is filed, a trail sponsor can file an interim trail use statement.

Potential Impact on Property Owners

Once the order for interim trail use or abandonment is issued, affected property owners receive two new easements on their land - the public trail easement and the future railroad use. Compensation is determined based on the value of the land area under easement and, in some cases, the potential devaluation of the property. James L. Smith, a property owner along the railroad, is looking forward to the trail's completion but also plans to pursue compensation.Lewis Rice settles most rails-to-trails cases, but some go to trial. Filing a claim for compensation will not hinder the trail project itself; it is against the federal government, not local entities. With a six-year statute of limitations, property owners can file compensation claims in the Court of Federal Claims for amounts over ,000 or in federal district court in Missouri for lesser claims.

The Process and Timeline

The city of Springfield is in negotiations with BNSF to acquire the stretch of railroad between Sunshine and Kissick for the Chadwick Flyer Trail, a process that likely requires abandonment authority from the STB. Largent estimated that the conversion of the same length of railroad to a trail will affect about 150 property owners, although the number of potential claims may be less as BNSF may own some stretches of the land.In the meantime, Lewis Rice's Federal Takings and Rails to Trails practice is preparing to file suit for prospective clients once the order is issued by the STB. This ensures that property owners have a legal avenue to seek the compensation they may be entitled to.A section of railroad near the Galloway Creek Greenway trail in Springfield serves as a visual reminder of the ongoing project. (Photo by Shannon Cay)Overall, the Chadwick Flyer Trail project presents both opportunities and challenges for property owners. By understanding the legal processes and rights involved, property owners can make informed decisions about seeking compensation and contribute to the development of this important trail.