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FOOTHILLS—A Greenville law firm, Gallivan, White & Boyd, P.A., has partnered with the law firm Baker Sterchi Cowden & Rice to assist local property owners in obtaining fair compensation for easements taken against their properties in conjunction with the Saluda Grade Trail.

“A common misconception is that we are somehow opposing the new trial, but that is not the case,” said GWB shareholder and civil litigator Carter Massingill. “Whether eligible property owners support or oppose the trail is irrelevant to whether they may be entitled to compensation under the law.”

Originally constructed in the 1870s the Saluda Grade Railroad once connected Spartanburg to Asheville before ceasing operations in 2001. In 2024, the Saluda Grade Trails Conservancy contracted to acquire the 31-mile rail corridor for a proposed trail connecting Upstate South Carolina to Western North Carolina.

Attorneys from Baker Sterchi, a nationally recognized firm with a successful track record of representing thousands of landowners across the country, have partnered with GWB to protect property owners’ constitutional rights.

“While state law extinguishes an easement when a railroad abandons or converts its use, the federal Trails Act overrides this by requiring landowners to accept a public trail,” said Baker Sterchi member and Property Rights Team leader J. Robert Sears. “Under the U.S. Constitution, property owners are entitled to compensation when their land is taken for public use, meaning property owners along the Saluda Grade Trail may be eligible for compensation.”

Property owners affected by similar projects nationwide have sought compensation through “trails cases” or “rails-to-trails” cases. These cases focus solely on securing payment from the U.S. government and do not aim to prevent or disrupt the creation of the trail. The claims seek compensation for the loss of property use, without altering ownership. To be eligible for compensation, property owners must initiate a claim in federal court. If no claim is filed, the owner forfeits the right to compensation but still loses the use of their land.

“Many of my clients support the idea of the trail and wanted it built, but they are protecting their constitutional rights by bringing a claim,” Sears said. “My firm is pleased to work with Gallivan White & Boyd, whose lawyers bring valuable local experience,” he added.

Gallivan White Boyd and Baker Sterchi Cowden & Rice are dedicated to safeguarding property owners’ rights as the Saluda Grade Trail project moves forward. With 20 years of experience, Baker Sterchi’s Rails-to-Trails team has a proven track record of successfully advocating for landowners’ property rights in litigation involving properties adjacent to active railroads across the nation.