Voting is now underway on the Bonita Estero Rail Trail (BERT) referendum, and a new legal wrinkle has emerged for property owners along the proposed corridor. Mail ballots and early voting for the August 18 primary are already being cast, and a law firm representing Lee County landowners along the old Seminole Gulf Railway has filed suit in the U.S. Court of Federal Claims. Here is what has changed since our last update on the $35 million referendum.
Early Voting and Mail Ballots Are Live
Bonita Springs voters are currently deciding, via mail-in ballot or early voting ahead of the August 18 primary, whether the city should issue up to $35 million in general obligation bonds to buy its roughly 5.8-mile, $28.6 million share of the former rail corridor and begin Phase 1 trail design and construction. The exact ballot language asks whether the city should issue bonds "not exceeding thirty-five million dollars," payable through property taxes, to acquire BERT and build a multi-use trail for runners, walkers and cyclists. Estero and Collier County have already approved their own shares of the larger $60 million, 11.4-mile purchase, leaving Bonita Springs as the deciding vote on regional connectivity.
Landowners File Federal Claims Lawsuit
Attorneys from the law firm Lewis Rice, who held informational meetings for affected property owners in July, have now filed a case in the U.S. Court of Federal Claims on behalf of a group of Lee County landowners whose property sits along the rail corridor. The firm, which has previously represented landowners along Sarasota's Legacy Trail, argues that converting the inactive railway to a public trail can trigger federal compensation claims for property owners under railbanking law. City officials have noted the corridor would be placed in the federal railbanking system, which preserves the route for potential future rail use while allowing trail construction now.
What Happens If the Bond Fails
If Bonita Springs voters reject the bond on August 18, city officials and trail advocates say an alternative route could still be pursued along existing road rights-of-way, such as Old 41 in Bonita Springs and Via Coconut Point and Three Oaks Parkway in Estero, rather than the rail corridor itself. In that scenario, the inactive railway would likely remain in place through the city rather than being converted to trail use.
What This Means for Buyers and Sellers
Whether you own property near the rail corridor or are considering a purchase in the area, the outcome of the August 18 vote and the pending federal claims case could affect both future amenities and property rights along the route in the months ahead. If you have questions about how a specific property's proximity to the proposed BERT corridor might factor into a purchase or sale, our team can help you weigh the considerations. Call us at 239.745.8903 or visit our Bonita Springs Realtor page to get started.
Details on early voting, the ballot language and the landowner lawsuit are drawn from reporting by Florida Weekly. Read the original coverage at floridaweekly.com. We'll continue to update our coverage of BERT as the August 18 results are certified.