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Rather than the attitude of “not in my backyard,” often shortened to NIMBY, homeowners along the Monon Trail on Indianapolis’ north side are saying “not my backyard” as the city tries to buy 33 feet on either side of the trail.
On Wednesday evening, about two dozen residents of the Forest Hills and Canterbury neighborhoods who own property along the north-side path piled into plastic chairs at MononWorks, 5255 Winthrop Ave. Residents were largely supportive of the city’s stated purpose—to widen and repave the Monon Trail—but expressed concerns about the loss of their land and what the city will do with the space.
City officials say the acquisition process is intended to clear up the ownership of the former rail line. In 1989, the city purchased from rail operator CSX the easement, which essentially is the right to use another landowner’s property for limited, often specific uses. But since then, a series of court cases in Indiana has changed the legal understanding of how property ownership for former rail lines works.
The long-planned widening of the Monon, which was first announced in 2014, was halted when city lawyers read a 2012 Indiana Supreme Court case that determined railroad easements reverted to individual property owners once a railroad was no longer in use.
Department of Public Works spokesman Kyle Bloyd told IBJ in a written statement that it became clear to city officials during the planning and design of the project that “the real estate interests that the city owns may not be adequate.”
The city has determined it will need to purchase the land needed to expand the trail. Private acquisition firms are currently making offers to property owners along the Monon from 56th to 96th streets. Acquisitions along a previous segment, from 10th to 56th streets, are already complete. The widening of the trail from 10th to 96th streets will cost an estimated $13.5 million.
Bloyd said the acquisitions are necessary “to expand the Monon Trail, and to continue the operation of the trail for and on behalf of the public.”
Some homeowners are skeptical of the city’s motivations.
Chris Carson, a homeowner and an organizer of Wednesday’s event, said the city’s stated goal of clearing up the ownership doesn’t explain why it is purchasing 66 feet of right-of-way for a 14-foot path.
Carson said that in February, buyers offered him $6,000 for a portion of his backyard that includes a fence and walkway. The intent behind his efforts isn’t a “money grab,” he said—he and his neighbors are instead concerned about losing portions of their property and the lack of limitations on the city’s use under the purchase.
“I want the trail to be widened and repaved. I don’t really want to be paid,” Carson said. “I want the restricted use and the limited take. I want to keep my backyard.”
Rail-to-trail conversions like the Monon have prompted confusion and court cases around property ownership. This relatively new topic in litigation has attracted law firms and attorneys to these kinds of projects. For example, last fall, attorneys from Kansas City, Missouri-based firm Lewis Rice showed up in Indianapolis to talk to landowners on the city’s southwest side after CSX filed to decommission a lesser-known rail line near the airport. Last year, Stewart Wald & Smith, another Missouri-based firm specializing in rails-to-trails litigation, secured a $7.6 million federal settlement for 168 landowners along the Nickel Plate Trail—formerly the Nickel Plate Railroad—after a nearly six-year legal fight over property.
Indianapolis-based eminent domain law firm Malapit & Rochford organized Wednesday’s meeting, which included a closed session for impacted property owners to speak privately with attorneys. There are about 70 property owners along the corridor, of which 33 households responded to a survey for the meeting. Eighteen of those respondents have received offer letters for their portion of the land the city needs.
During a public question-and-answer session, Thomas Malapit, a co-founder of the firm, instructed one attendee to ignore the letters.
Because the Monon Trail is a public purpose, Malapit said, nothing stops the Hogsett administration from using eminent domain to acquire the property. Eminent domain is a process by which the government is permitted to seize private property for public use, as long as the government compensates the owner fairly.
“They’re going to sue you,” Malapit said, “That’s what’ll happen. And a lot of people get scared.”
On the width of the purchase, Malapit told attendees that 66 feet is the width of the railroad easement that the city purchased initially from CSX, so they are currently just using a portion of that easement.
Malapit said the goal should be to “minimize the taking” from 33 feet on each side of the trail to something more palatable, like 10 feet on each side. If that isn’t possible, he told Wednesday’s audience that his firm could get interested property owners the compensation they are owed.
Bloyd, the spokesman for DPW, said the amount of land the city is seeking varies from parcel to parcel. But, generally, Bloyd said the aim is to purchase the same area for which it had previously purchased the easement.
The city plans to work with individuals to come to a “fair agreement,” Bloyd said. When asked whether the city may seek to seize the land through eminent domain, Bloyd said: “The city of Indianapolis needs to secure ownership of the land upon which the trail is situated, in order to fully establish permanent land rights that currently exist via easement.”
The project is slated to be complete by the end of 2028.
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