MOFB leads multi-state effort to defend property rights in federal appeals court

April 15, 2026

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Missouri Farm Bureau, along with 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 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.

"This case strikes at the very core of what 'just compensation' means under the Fifth Amendment," said Missouri Farm Bureau President Garrett Hawkins. "If the government's position stands, landowners nationwide risk being shortchanged when their property is taken for public use. This goes far beyond a single case or a specific type of land use. It's about protecting every landowner, farmer, rancher and small business owner from unfair treatment. Property rights are fundamental, and this brief makes sure the voices of landowners are heard clearly before the court."

The case stems from the conversion of a railroad corridor in Greensboro, N.C., 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.

In this 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 awarded $44.7 million in just compensation. 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 of 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 railroad rights-of-way burden so much farmland, that the decision that the Appellate Court makes would have a significant impact on landowners across the country, creating an important legal precedent.

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 Congressman Sam Graves to introduce the Rails to Trails Landowner Rights Act, which would address longstanding programmatic issues impacting landowners.

As the nation's leading 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.