Their suit is based on a property rights law dating back to the 19th century.
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KNOXVILLE, Tenn. — A group of South Knoxville homeowners is suing the federal government over a "Rails to Trails" project that will stretch 3.8 miles from Chapman Highway to Ijams Nature Center. The project is a federal program that converts abandoned railways to recreational trails.
Legacy Parks and the city of Knoxville are collaborating on the South Knoxville trail.
The attorney for a group of more than 20 plaintiffs, Michael Smith, said a centuries-old property rights law allows landowners adjacent to railways to reclaim the land if it's been abandoned by a railroad company. The homeowners are also entitled to compensation, he said.
In the late 1800s, when the rail line was being built, railroad companies could either take the land for a track through imminent domain, buy it outright or get access through an easement, according to Smith.
“In the case of these easements that were purchased in the late 19th century, the easement was solely limited to railroad purposes, to construct and operate a railroad line," Smith said.
An easement is a legal right of access to someone's land for a specific purpose.
According to Smith, hundreds of years ago, if the property owner noticed the railroad company was using their land for something other than the rail line, they could get their property back.
“That landowner could have ejected a railroad," he said. "And that, upon ejection, that landowner could claim the land. The easement would no longer burden his land. And that same property right carries on automatically as a matter of course to all of his successive land owners.”
The same law applies currently. Because the railroad company has applied to abandon the South Knoxville rail line and change its use, owners therefore have a right to their land, or be compensated for it, Smith explained.
WBIR reached out to Legacy Parks for comment and hasn't heard back.
The pending litigation will not affect the construction of the project or the city in any way, Smith said. Their suit is against the federal government because Rails to Trails is a federal program. It was created so that the government could retain control over railway systems, should they ever need them again.
“The government said, 'We don’t want to lose this infrastructure. What if railroad right of ways become important again,'” Smith said.
Railroads are expensive to maintain, and as the United States switched from railways to trucking, rail companies lost money. Smith said instead of railways continuing to take care of rail lines that weren't being used, they negotiate the sale of the right of way to a nature group.
"That not only gives the community the benefit of the trail, but also prolongs the existence of the railroad right of way itself," he said.
According to Smith, if the rail companies were to just abandon the railways and leave it at that, the land could be reclaimed by the adjacent landowners. This would create a major and expensive problem for the federal government should rail lines ever become popular again. Smith said creating a new modern rail line in a densely populated area would be wildly expensive.
The proposed rail-to-trail conversion would create a path from Chapman Highway to Ijams Nature Center and feature a 1.5-mile "Art Walk" developed by the Legacy Parks Foundation.
Gulf and Ohio Railways Chairman Pete Claussen said the company is contributing the property to help Knoxville "continue to be one of the best places to live in America."
The trail will pass through urban and natural settings and include a tunnel, canyon and two elevated bridges. It will also border restaurants and breweries along Sevier Avenue.
Legacy Parks Foundation has worked with Gulf and Ohio Railways for nine years on a trail parallel to the tracks. The foundation recently received a $1 million gift from the Lawson Family Foundation for the "Art Walk" portion of the trail.
The project is still in the concept design phase and construction will not begin until it is fully funded. The Surface Transportation Board allows one year for the development of a rail-to-trail plan following abandonment approval.
Stewart, Wald and Smith said they believe there are over 100 potential claimants who are not yet represented in the case. They will be holding informational meetings for interested landowners on Wednesday, April 16 at 5:30 p.m. and Thursday, April 16 at 9 a.m. in the Rocky Top Boardroom at the Hampton Inn and Suites, located at 618 W Main St.