Attorney Assists Speedway Trails Group

(posted Mar 2)

Nels Ackerson, an attorney who helped champion property rights for adjacent landowners to abandoned railroad property, has volunteered to assist the Speedway Trails Association with issues involving Marion County Corporate Legal. Ackerson is also running for the 4th US Congressional Seat.

STA President Beverly Alexander asked for Ackerson's help to find out why Marion County Legal is not accepting the "Affidavit of Ownership" that adjacent property owners were told to use. It is also supposed to be filed with the Recorder's Office to get title of the railroad property.

"We suspect that the wrong form was used," she said.

Ackerson became involved with property rights claims initially when Penn Central was attempting to sell the abandon Midland line to adjacent landowners. The railroad was demanding payment for its parcels when they legally already belonged to the adjacent property owner. He said this practice was common among railroads, and he called the practice a "profit center" for the railroads.

Ackerson is also known for his involvement with CSX. He was also one of the attorneys who lead the 1994 class action lawsuit against CSX and its abandoned lines in 37 Indiana counties. The court case determined ownership parcel by parcel of whether or not the railroad acquired easements or ownership.

The STA is trying to resolve B&O ownership to complete the association's long term goal of either acquiring easements or ownership to convert the abandoned corridor into an active linear trail The STA can't move forward without Marion County Legal accepting the affidavit of ownership.

The STA is currently trying to determine ownership of the alley that runs parallel to the abandon line. The lawsuit established landowner rights with CSX, but it did not establish rights between landowners and the town. Depending upon how the property was acquired, the town may only own the surface rights to the alley.