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Nov. 15 deadline approaches for compensation claims along rail line from Coats to Protection, Hanston to JetmoreKansas Adjacent property owners along the railroad right-of-way between Coats to Protection and Hanston to Jetmore may be interested in the possibility of seeking compensation from the federal government, since the corridor was "rail banked." On Nov. 15, 2003, the Surface Transportation Board issued a "Notice of Interim Trail Use" for nearly 50 miles of right-of-way stretching through parts of four Kansas counties: Kiowa, Comanche, Hodgeman, and Pratt. Adjacent landowners, as of that date, may have the potential to claim condemnation damages from the federal government but to do so, they must file their claim in the proper federal court before the Nov. 15 deadline. The KCC has been apprised that notices are running in some newspapers serving the counties noted above. The law firm of RD Edwards Jr. in Joplin, Mo., has been working on a landowner compensation suit and has published these notices. More information on their efforts and this suit is available on their website at www.rdedwardslaw.com. Their contact information is also available on that website. In addition to the suit referenced above, we have also been informed that the Edwards firm has been involved with other rail trail matters in Kansas. This includes a case pending before the Kansas Supreme Court in which they have filed a brief amicus curie ("friend of the court") on behalf of landowner interests in northeast Kansas. Although the KCC is not in a position to make any specific recommendations or endorsements, one way or another, related to RD Edwards Law, its attorneys or staff, this information is included for reference/information as we have received inquiries from our members regarding the published notices. The KCC does encourage members with property interests along the Coats to Protection/Hanston to Jetmore corridors to evaluate their potential for making such a claim and consider seeking legal advice from a competent attorney, regarding this matter before the Nov. 15 deadline. As with all matters of legal representation, it may be helpful to consider the following among many factors in selecting an attorney:* --Seek competent counsel. --Consider the attorney's experience in handling legal matters of the nature you are inquiring about. --Fees/Expenses--make sure the representation agreement clearly delineates the fee arrangement. For example: what costs the client is responsible for; hourly rates for various services; when payments are to be made; whether or not the case is handled on a "contingency" basis; will attorney's fees be requested from the losing party should you prevail on your claim; how will expenses be charged to you if you do not prevail; and other questions on fees pertinent to your particular claim. We hope the information above is helpful to you. If you have questions on regarding this rail trail issue, please feel free to contact Leslie Kaufman at 785-220-4068. *The information contained herein is for informational and educational purposes only. It does not constitute legal advice. Receipt of this information does not establish any attorney-client relationship between the author and the recipient or any subsequent recipients. Persons having specific legal questions are encouraged to consult with a competent attorney.
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