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Judge expands scope of right-of-way lawsuit against AT&T
In a landmark legal opinion, a judge has cleared the way for a national class-action lawsuit against AT&T on behalf of landowners. Nationwide certification of the lawsuit, which allows aggrieved landowners from across the nation to seek damages, represents "real progress in an effort to win justice for rural landowners whose property has been used without their permission," according to the American Farm Bureau Federation.
In what is believed to be the first nationwide certification of a class-action lawsuit involving issues of trespass and misuse of land, Hamilton County (Ind.) Superior Court Judge Steven R. Nation ruled on Aug. 21 that the lawsuit, Hinshaw vs. AT&T, could be national scope. In his order, the judge decreed that the case may proceed on behalf of "all owners of land in the United States that is or was subject to an easement for a limited purpose held by a railroad or pipeline or other utility company on which AT&T has entered to install or maintain a fiber optic or other telecommunications cable without obtaining the consent of the owner of the land."
"For too long, the true owners of land used for railroad easements -- often adjacent farmers -- have effectively had their land wrongfully taken or used for other purposes," said AFBF President Dean Kleckner. Land has improperly been used for profit, often without the knowledge or permission of the true landowner.
"The certification of this lawsuit should send a clear signal that right-of-way easements are often not the railroads' to sell or lease, and whoever deals with railroads on such matters should fully investigate the legality of the transaction. There often is a true individual landowner who must be approached for permission and appropriately compensated. In America, you simply can't sell, use or take something that doesn't belong to you." The Hindshaw case represents the first time a nationwide class has been certified on behalf of landowners to establish their rights on right-of-way land that has been misused by railroads or utilities, according to Washington, D.C., attorney Nels Ackerson, class counsel in the matter.
"The certification of this nationwide class holds promise for all landowners whose rights are being eroded by powerful interests, both private and public," Ackerson said. "In his ruling, Judge Nation described in detail a substantial body of evidence we have amassed concerning AT&T's practices. From its own documents, cited by the judge, it appears that AT&T knew its right to occupy the right-of-way land was precarious, far from sound and tenuous."
In a 44-page opinion, Judge Nation ordered a nationwide adjudication of the claims that "AT&T installed and is operating a network of thousands of miles of fiber optic or other telecommunications cable through land that belongs to" members of the class-action suit. The judge's action also cited and cleared the way for a fair hearing on landowner allegations that "AT&T knowingly trespassed on and occupied (their) land, installed its cables, posted threatening signs, and adopted a continuous pattern of surveillance and trespass on the class members' land, without even attempting to identify the landowners, much less obtain their consent."
The judges order quotes extensively from AT&T's own documents and testimony, including a 1987 AT&T management memorandum that, according to Ackerson, shows AT&T's knowledge of its wrongful actions. That AT&T memo acknowledged, legal problems may arise in situations where a rail line is abandoned and we have relied on the rather tenuous rights the railroad had acquired when it first built its rail line ... (Our) rights, deriving as they do from the railroad's, are far from sound."
According to Ackerson, the next step in this litigation will be to notify all potential members of the class, most likely through publication in national, state and local newspapers. For more information regarding this lawsuit, contact Ackerson at (202) 628-1100.
In a landmark legal opinion, a judge has cleared the way for a national class-action lawsuit against AT&T on behalf of landowners. Nationwide certification of the lawsuit, which allows aggrieved landowners from across the nation to seek damages, represents "real progress in an effort to win justice for rural landowners whose property has been used without their permission," according to the American Farm Bureau Federation.
In what is believed to be the first nationwide certification of a class-action lawsuit involving issues of trespass and misuse of land, Hamilton County (Ind.) Superior Court Judge Steven R. Nation ruled on Aug. 21 that the lawsuit, Hinshaw vs. AT&T, could be national scope. In his order, the judge decreed that the case may proceed on behalf of "all owners of land in the United States that is or was subject to an easement for a limited purpose held by a railroad or pipeline or other utility company on which AT&T has entered to install or maintain a fiber optic or other telecommunications cable without obtaining the consent of the owner of the land."
"For too long, the true owners of land used for railroad easements -- often adjacent farmers -- have effectively had their land wrongfully taken or used for other purposes," said AFBF President Dean Kleckner. Land has improperly been used for profit, often without the knowledge or permission of the true landowner.
"The certification of this lawsuit should send a clear signal that right-of-way easements are often not the railroads' to sell or lease, and whoever deals with railroads on such matters should fully investigate the legality of the transaction. There often is a true individual landowner who must be approached for permission and appropriately compensated. In America, you simply can't sell, use or take something that doesn't belong to you." The Hindshaw case represents the first time a nationwide class has been certified on behalf of landowners to establish their rights on right-of-way land that has been misused by railroads or utilities, according to Washington, D.C., attorney Nels Ackerson, class counsel in the matter.
"The certification of this nationwide class holds promise for all landowners whose rights are being eroded by powerful interests, both private and public," Ackerson said. "In his ruling, Judge Nation described in detail a substantial body of evidence we have amassed concerning AT&T's practices. From its own documents, cited by the judge, it appears that AT&T knew its right to occupy the right-of-way land was precarious, far from sound and tenuous."
In a 44-page opinion, Judge Nation ordered a nationwide adjudication of the claims that "AT&T installed and is operating a network of thousands of miles of fiber optic or other telecommunications cable through land that belongs to" members of the class-action suit. The judge's action also cited and cleared the way for a fair hearing on landowner allegations that "AT&T knowingly trespassed on and occupied (their) land, installed its cables, posted threatening signs, and adopted a continuous pattern of surveillance and trespass on the class members' land, without even attempting to identify the landowners, much less obtain their consent."
The judges order quotes extensively from AT&T's own documents and testimony, including a 1987 AT&T management memorandum that, according to Ackerson, shows AT&T's knowledge of its wrongful actions. That AT&T memo acknowledged, legal problems may arise in situations where a rail line is abandoned and we have relied on the rather tenuous rights the railroad had acquired when it first built its rail line ... (Our) rights, deriving as they do from the railroad's, are far from sound."
According to Ackerson, the next step in this litigation will be to notify all potential members of the class, most likely through publication in national, state and local newspapers. For more information regarding this lawsuit, contact Ackerson at (202) 628-1100.
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