Re: Trainnews - volume 11 - issue 053
Author: Espee99
Date: 03-14-2018 - 19:51
Actually IIRC, even if the Authority is desolved the property it controls does not all belong to it. If they desolve the Authority the right-of-way cannot be made into a trail unless all the owners who issued easments for RR service allow a trail to pass through their land. As has been published in the past many of the land owners do not want trail users on their land.
It will be interesting how the State will be able to overrule an STB ruling based upon a trail need when the land owner never agreed to permit it. There was a case a few years back that instructed the National Park Service to return land to the original owners instead of it becomming part of a trail system when the owners claimed adverse use not in the original easment grant.