Akin and Carnahan, Introduce H.R. 3157, the Trails Act Technical Correction Act of 2007

WASHINGTON, DC - Congressional Representatives Todd Akin (R-MO), and Russ Carnahan (D-MO) have filed a bill to assist property owners in Missouri and Kansas, who for the last twelve years have been in litigation with the Department of Justice because their land was taken by the federal government pursuant to the Trails Act statute. Although H.R. 3157, which was also filed in the 109th Congress, is in response to a problem in Missouri and Kansas, if passed in this Congress the bill would have national significance in helping to curb eminent domain abuses.

In the Missouri case, almost 12 years after litigation with the Department of Justice (DOJ,) an agreement with the Justice Department was reached. DOJ agreed that the property was worth $2,385,000 and that the government was obligated to pay these property owners. Two days before the settlement was to be approved by the judge the Federal Circuit Court of Appeals issued a decision in a Georgia case, Caldwell v. United States that changed the statute of limitations for Trails Act claims and scuttled this settlement. The Federal Circuit decision ruled that the statute of limitations for Trails Act compensation claims begins to run, not when the property owners land is actually taken from the landowner, but when the Surface Transportation Board issues a notice that there is a possibility that the land might be taken in the future. The dissenting judge noted that this decision of the court was “Contrary to all authority.” The Caldwell case is now final settled law.

Because of this change in the law, the Justice Department pulled out of its agreement with the Missouri property owners and claimed that the statute of limitations had run out on their claim and they were entitled to no compensation for the admitted confiscation of their property. This Caldwell decision: (a) is contrary to Congress’ intention of how the Trails Act was intended to operate, (b) denies property owners their constitutionally required compensation to which the Justice Department in this instance had already agreed they were entitled to; and (c) significantly increases the federal government’s liability in other Trails Act takings cases by requiring that the federal government pay more money and interest in a greater number of future cases for property that is never actually converted to trail use.

H.R. 3157, the Trails Act Technical Correction Act of 2007 is a common-sense solution that fairly compensates these landowners while protecting the intent of the Trails Act. H.R. 3157 would merely restore the Trails Act to work as Congress originally intended and correct the error made in the Caldwell decision.

Specifically, H.R. 3157 would:

1. Restore the Trails Act to work as Congress originally intended and understood,



2. Reduce the cost of the Trails Act to taxpayers by eliminating unnecessary litigation, reducing the interest cost to the federal government where a taking has occurred, and avoiding costly litigation filed in situations where no trail is created; and



3. Assure owners of Missouri property that they will receive compensation for the government’s taking of their land and assure Kansas property owners who face a similar situation that they will have an opportunity to make a claim for compensation and have access to the U.S. Court of Claims to hear their claim.

“What’s happened to these St. Louis County landowners is fundamentally unfair,” said Akin. “It’s unbelievable that the government is depriving them of compensation for their land because of a procedural decision.”

Congressman Akin Meets with His Constituents to Discuss the Trails Act Technical Correction Act of 2007.