Edited sentence: " - The Honorable Jonathan J."The clearing of title allows landowners to move their fences to the borders of their property, post areas to prevent hunting, and overall assures that the right-of-way will not be used in a manner inconsistent with the interests of the adjacent landowners.CSX, Carmel’s Mayor, James Brainard, and class attorney Henry Price persuaded a Hamilton County Superior Court judge to create a "Carmel subclass" to be decided before all other Indiana plaintiffs in order to advance Carmel’s interests.Carmel desired a magnet attraction to bring people to their city and fund its rapid growth.In fact, CSX owned little of the Monon property.Indiana Appeals Court Judge Robertson's opinion about the CSX Class Action case was that homeowners should be able to protect their property:.Monon Trail of Condemnation.Most of these landowners do not have a sufficiently large economic claim to justify the expense of litigating their claims against CSX separately.Only then did Carmel's grandiose economic development plans and forced annexation efforts become public, for which the trail became the anchor.Rather than find out who really owned the property, Indianapolis' Metropolitan Planning Organization claimed that they paid for the property.Robertson, Court of Appeals of Indiana First District.Sibley acknowledged that "CSX only owns 26 acres of the corridor, but intended to sell all 85 acres.The Monon Trail is a symbol not of doing what's right but rather of greedy people taking land and rights from unsuspecting citizens who could not defend themselves.Then behind the backs of class action plaintiffs in Clark vs.This all started with a state-wide class action against CSX Corporation for selling property and rights they didn't own.Who got paid for the rest.“In an internal CSX memo written in 1989, CSX Realty Senior Director R.” - (Indianapolis Business Journal November 11, 1997)