Missouri Farm Bureau leads multi-state effort to defend property rights in federal appeals court

Jefferson City, Missouri — Missouri Farm Bureau and a coalition of state Farm Bureaus and property rights legal foundations across the country have filed an amicus brief in the case of Kotis Associates, LLC v. United States, currently awaiting action in the U.S. Court of Appeals for the Federal Circuit.

The case stems from the conversion of a railroad corridor in Greensboro, North Carolina, into a public use trail authorized under the National Trails Systems Act. Under this Act, landowners who own land with a rail line do not have the option to acquire those corridors when they are abandoned. Rather, the rail companies can sell their easement to a third-party trail sponsor for the purpose of converting it to a trail. All without the consent of the landowner. When these takings happen, landowners are entitled to fair compensation.

“This case goes to the heart of what ‘just compensation’ means under the Fifth Amendment,” Missouri Farm Bureau President Garrett Hawkins said in comments to AGDAILY. “If the government’s arguments prevail, landowners across the country could be denied the full and fair value of their property when it is taken for public use.”

In the Greensboro case, the landowner owns approximately 10 acres of valuable commercial land with the threat of a trail sponsor constructing a public trail through the property. In a comprehensive ruling recognizing the harm of the taking to the landowner, the court in April 2025 awarded more than $40 million in just compensation, in addition to interest. However, the federal government has appealed that decision, looking to claw back fair compensation to the landowner, challenging long-standing principles of takings law.

The amicus brief provides examples lived experiences of landowners across the nation that have fallen victim to the unfair consequences of railroad corridors being converted to public-use trails. The brief also sets out the fact that, because railroad rights-of-way burden so much farmland, the decision the Appellate Court makes would have a significant impact for landowners across the country, creating important legal precedent.

The organizations that have signed-on to the amicus brief include: Missouri Farm Bureau Federation, Illinois Agricultural Association, Idaho Farm Bureau Federation, Oregon Farm Bureau Federation, Ohio Farm Bureau Federation, Wyoming Farm Bureau, Pacific Legal Foundation, and Mountain States Legal Foundation.

As organizations representing thousands of landowners, the participating amici share a strong interest in ensuring that federal takings are conducted with fairness, transparency, and meaningful protections for property owners.

Missouri Farm Bureau has been a leader on this issue for decades, and has long-asserted that landowners’ rights should be at the forefront of these discussions — rather than being treated as an obstacle or an afterthought. MOFB worked with U.S. Rep. Sam Graves (R-Mo.) to introduce the Rails to Trails Landowner Rights Act, which would address longstanding programmatic issues impacting landowners and install specific requirements for the use of an abandoned railway right-of-way.

“This is not just about one case or one type of land use,” Hawkins added. “This is about ensuring that every landowner, farmer, rancher, or small business owner is treated fairly when their property is taken.”

As the nation’s largest advocate for farmers, ranchers, and rural communities, Farm Bureau is uniquely positioned to highlight the importance of strong, predictable takings law to economic investment, responsible land stewardship, and the vitality of rural America.

“Property rights are foundational to everything we do,” Hawkins said. “This brief ensures that the voices of landowners are heard loud and clear before the court.”

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