Lawsuit filed over Bonita Estero Rail Trail corridor

Stewart, Wald & Smith has sued the United States on behalf of 17 landowners along the proposed Bonita Estero Rail Trail corridor in Lee County, Florida, after a July 24 railbanking notice from the Surface Transportation Board. The firm says the case seeks Fifth Amendment compensation, not to stop the trail, and will hold informational meetings for adjacent owners in early September.

Why it matters: - The lawsuit could determine whether some adjacent property owners are owed compensation after the federal railbanking process preserved the former Seminole Gulf Railway corridor for trail use. - The case involves about 11.4 miles of corridor from Estero through Bonita Springs in Lee County, Florida. - Landowners with qualifying claims could recover damages under the Fifth Amendment if a court finds the railbanking action took a private property interest.

What happened: - Stewart, Wald & Smith filed Sage Naples, LLC, et al. v. United States, Case No. 26-1070L, in the U.S. Court of Federal Claims on behalf of 17 property owners. - The suit followed the Surface Transportation Board’s Notice of Interim Trail Use dated July 24, 2026. - The notice authorized railbanking negotiations for the former Seminole Gulf Railway corridor. - The complaint says the federal action prevented the railroad easement from terminating under Florida property law. - The complaint seeks just compensation from the United States government. - The lawsuit does not seek to stop construction of the Bonita Estero Rail Trail. - The lawsuit is not directed at Lee County, Collier County, the Trust for Public Land, Friends of Bonita Estero Rail Trail, or other trail-development groups.

The details: - The firm says many rail corridors were originally acquired as easements, not full ownership of the land. - Under that structure, the easement may end when railroad operations permanently stop, and the land interest may revert to adjoining owners. - Congress created railbanking under the National Trails System Act to preserve corridors for possible future railroad use while allowing interim public trail use. - The complaint argues that when railbanking blocks easement termination, adjoining owners may have a compensable taking. - Whether a parcel qualifies depends on the railroad’s property interest and other parcel-specific legal factors. - Rails-to-Trails claims must be filed within 6 years of the Notice of Interim Trail Use. - The firm says the newly filed case is the first group of landowners seeking compensation tied to the Bonita Estero Rail Trail project. - The firm says eligible property owners still have time to pursue claims. - Stewart, Wald & Smith says it has represented thousands of landowners in Rails-to-Trails cases nationwide and recovered more than $415 million for property owners in successful cases. - The firm says it focuses exclusively on landowner representation in these cases before the U.S. Court of Federal Claims.

Between the lines: - The lawsuit frames the dispute as a constitutional property-rights case, not an anti-trail effort. - That positioning matters because the trail can still move forward even if the court later awards compensation to affected owners. - The strict 6-year filing window creates pressure for nearby owners to assess their property rights quickly. - The case could become a template for other Bonita Estero corridor claims if courts find similar property interests along adjacent parcels. - Attorney Steven M. Wald said the firm is neutral on whether the trail should be built and that the cases are about ensuring just compensation when federal railbanking affects private property rights.

What's next: - Stewart, Wald & Smith will host two complimentary informational meetings for adjacent property owners. - The first meeting is set for Thursday, Sept. 3, 2026, at 5:00 p.m. at Courtyard by Marriott Fort Myers at I-75 & Gulf Coast Town Center, 10050 Gulf Center Dr., Fort Myers, Florida 33913. - The second meeting is set for Friday, Sept. 4, 2026, at 9:00 a.m. and 12:00 p.m. at The Warehouse Café, Upper Room, 4461 Bonita Beach Rd., Bonita Springs, Florida 34134. - Attorneys plan to explain how railbanking works, why some owners may hold interests beneath former railroad corridors, how compensation is determined, federal filing deadlines, and the steps in a Rails-to-Trails claim. - Attendees will be able to ask questions about their individual properties. - Property owners who believe their land borders the corridor can attend a meeting or seek a complimentary evaluation from the firm. - More information is available at the firm's website or by calling (314) 720-0220.