Re: Another Rails-to-trails lawsuit
Author: Dr Zarkoff
Date: 10-28-2022 - 17:16
> When railroads under federal jurisdiction express their intent to abandon their lines, a trails group may step in to make an offer to purchase the land and convert the railroad corridor to a rail-trail.
Having participated in rails to trail dealings a few years ago, this isn't quite correct. The abandoning RR deeds the R/W, all of it, to the STB, which can then authorize a legitimate organization to become custodian of it (and use it for a trail, etc.).
A R/W is created when an RR is built, for which the adjacent landowners' forebarers receive compensation of some sort (grant deed, reversionary, eminent domain, etc.). Grant deed and eminent domain are done deals. The right of way banking act, "rails to trails", specifically supersedes reversionary clauses, the idea being to preserve the R/W in its entirety, rather than allowing it to be gobbled up and sold off piecemeal. Thus, it's still around should it ever be needed to operate trains sometime in the future. The STB retains "possession" of the R/W and can allow an organization to use it, provided it takes care of it. The adjacent landowners get no compensation.
WRM at Rio Vista Junction uses it's custondianship of the former SN R/W to operate trains, as does PLA on the former SP R/W in Niles Canyon, although in PLA's case, Alameda County is the custodian, which has graciously allowed PLA to build trackage thereon and operate trains. Both organizations own the trackage on which they operate, but they don't own the land underneath.