Thomas S. Stewart

Thomas S. Stewart

Member

Kansas CIty, Missouri

816-303-1500

816-527-8068 (F)

Stewart@swm.legal

 

Tom helps landowners enforce their Fifth Amendment rights to just compensation for the government’s taking of private property. He works with citizens and businesses whose property is designated for public use in Rails-to-Trails developments, pipeline and utility projects, and other inverse condemnation actions. He handles all aspects of litigation, from discovery to settlement or trial. 

Tom has significant experience in valuation and appraisals in condemnation matters; this helps him maximize clients’ claim potential. He and his team have represented landowners in more than 20 states, from coast to coast. His representative matters include the nation's two largest Rails-to-Trails settlements to date: 

  • Raulerson, et al., v. United States: Recovered $33 million for 260 landowners whose property was taken for a Rails-to-Trails recreational trail in Beaufort, South Carolina. 

  • Haggart, et al., v. United States: Negotiated a $141 million settlement for 253 property owners in Seattle, Washington, after the Surface Transportation Board authorized a trail on land formerly subject to a railroad easement. 

Specific aspects of his practice include: 

Agricultural Matters. Tom works with farmers and ranchers whose land is affected by inverse condemnation. These cases involve complex appraisal concerns, including access and production issues. Tom has resolved nine of these cases in Iowa alone, and has successfully represented agricultural landowners in Nebraska and Colorado. 

Class Actions. Tom’s national class action experience includes more than 20 Rails-to-Trails matters and a current pipeline trespass lawsuit that involves landowner plaintiffs in California, Arizona, New Mexico, Oregon, Texas and Nevada. He applies his Rails-to-Trails experience to litigation involving real estate ownership, including right-of-way, eminent domain, inverse condemnation and the diverse array of state property laws. 

Tom has been recognized in four editions of Super Lawyers in the field of business litigation. 

Admissions

Missouri Supreme Court
United States District Court, Western District of Missouri
United States District Court, District of Kansas
United States Court of Federal Claims
United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Eighth Circuit
United States Court of Appeals for the Ninth Circuit

Education

University of Missouri - Kansas City School of Law, JD, with distinction

  • Recipient of the Thomas E. Deacy Trial Practice Award

  • Order of the Bench & Robe

  • Editor-in-Chief, UMKC Law Review (1978-1979)

University of Missouri, Kansas City, BA (Political Science), magna cum laude

  • Phi Beta Kappa

 

Industries

Insurance
Pharmaceutical & Medical Device

Practices

Appellate
Complex, Class Action & MDL
Commercial
Rails-to-Trails
E-Discovery & Document Management
Premises Liability
Toxic/Mass Tort & Environmental