North Carolina Rail Trail News 2/12/2025

Landowners Concerned About Durham-to-Roxboro Rail Trail May Be Eligible For Monetary Compensation From the Federal Government

Rails to Trails News - North Carolina

FOR IMMEDIATE RELEASE – February 12, 2025

A proposal to transform 18 miles of inactive railroad corridor within Durham County is getting local attention.  The Durham-to-Roxboro Rail Trail is a planned trail to connect Durham to Roxboro all along the inactive Norfolk Southern railroad corridor.

Although it has been reported that final plans are not expected to be completed until October, landowners have already voiced concerns over having the trail adjacent to their properties.  Landowners recently interviewed by CBS 17 shared concerns of crime, noise, pollution, and general loss of privacy just a few feet from their home.

Landowners may be eligible for monetary compensation from the federal government when the rail is authorized to become a trail.  In September 2023, Norfolk Southern wrote a letter to trail advocates, partners and supporters expressing their willingness to sell the rail corridor to the State of North Carolina for trail use.  Norfolk Southern referenced the use of the National Trails System Act (“Trails Act”) as part of an agreement selling the railroad corridor land for a rail-trail. The Trails Act permits the conversion of abandoned railroad corridors into nature and hiking trails, which simultaneously preserves the corridors for future use. The practice is known as railbanking and prevents the land within the abandoned railroad corridor from reverting to the adjoining landowners. It grants the trail sponsor a new recreational trail easement, thereby blocking the rights of landowners to reclaim the property within the corridor.

When railroad companies such as Norfolk Southern utilize the Trails Act in rail-trail conversions it provides a potential legal action for the landowners directly adjacent to the railroad to seek compensation. It is important to consider the ramifications of a rail-trail conversion, especially to those who own land directly adjacent to a rail-trail. Landowners with valid takings claims have a claim for the value of the land in the adjacent railroad right-of-way for which they are unable to reclaim due to the government action allowing trail use. In addition, landowners can seek damages stemming from concerns such as those recently shared by landowners in the CBS 17 report – increase chance of theft, trespassing, loss of privacy, etc.

Stewart, Wald & Smith, LLC ("SWS"), a leading Rails-to-Trails law firm that has successfully represented hundreds of North Carolina landowners in prior Rails-to-Trails cases, has been reaching out to landowners in recent months regarding the proposed rail-trail.  Their goal is to inform landowners of their rights under the Fifth Amendment of the United States Constitution in the event of a rail-trail conversion along their property and represent landowners in their claims against the federal government.    

Stewart, Wald & Smith is neutral to the trail. “Any lawsuit brought against the United States as a result of the trail conversion would be limited to obtaining compensation for landowners for having their land taken, which is their right under the 5th Amendment of the United States Constitution. It has nothing to do with trying to stop the trail,” said attorney Michael Smith. SWS represents several landowners along the future rail-trail and believes there are still dozens of landowners with potential claims who are not yet represented. 

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