A Setback for Rails to Trails

[Ben Ruset]

http://www.theatlanticcities.com/politics/2014/03/big-legal-blow-rails-trails-movement/8609/

You can find them in every state of the union, from Maine to Hawaii, from Alaska to Florida: old railroad rights of way that have been or are being converted to trails for biking, hiking, and other recreational uses. As many as 1,400 such trails covering perhaps 15,000 miles have been built since a movement to repurpose such land began in the 1960s, and about another 1,100 are in the planning stages.
But a decision handed down by the U.S. Supreme Court Monday could endanger those trails, many of which have become integral to the economies and communities where they are located....

 

[46er]

"We traded for the land with a right of way on it for railroad uses," he told E&E Greenwire last year. “They want to bring a train through here, that's fine. We never expected and we never agreed to a bicycle trail."

Gotta agree with the landowner.

 

[MikeBickerson]

I can't same I blame the guy for bringing the case to court. I like trails too, but I wouldn't want folks traipsing through my yard uninvited.

 

[Ben Ruset]

Well the question is if the right of way ceased to exist when the trains stopped running. If the ROW still is active then it all depends on the verbiage. If it's open ended enough they could do whatever they want on it.

 

[46er]

Well the question is if the right of way ceased to exist when the trains stopped running. If the ROW still is active then it all depends on the verbiage. If it's open ended enough they could do whatever they want on it.

I think the Supremes cleared that up in their decision.