Presault v. United States

For almost a decade, NELF represented the Presault family of Burlington, Vermont. This case began in the early 1980s when Congress initiated the "Rails to Trails" program, by which unused railroad easements were converted to hiking and bicycle paths. In the case of many property owners, including the Presaults, this suddenly resulted in the weekend use of their backyard by hundreds of people, and a severe loss in the value of their home.  They quickly exhausted their funds in attempting to be compensated for this loss, and NELF undertook their representation for the better part of a decade. Our philosophy in this case, as in many others, was that society should recognize the cost of socially worthwhile programs, and not require a small group to bear the cost alone. After taking the Presaults' cause to the U.S. Supreme Court, we succeeded in obtaining a ruling that they were entitled to compensation for their loss. The Presaults are currently engaged in hearings to determine the appropriate amount of compensation using local counsel.