Capdiamont\’s Weblog

Railbanking/Rails to Trails suffers major setback in court rooms
Sunday 19 Feb 2012, 01:33
Filed under: Humboldt, Mendocino, Railroad, trails

Sixteen court cases have all decided converting railroads in to trails is an unconstitutional taking of land. When the easements were granted, land owners never granted an easement to make a trail. Each court case pointed out a trail is not a railroad. That means in order to make a trail, the land owners must receive fair market value for the new easement. Expect millions of dollars to be added to the cost of trails.



1 Comment

This makes sense though. The right of way exists for railroad traffic and if a trail would replace the railroad, the right of way would no longer exist as a railroad right of way. I’d rather see the railroad stay in place even though it is very dilapidated because if the tracks are ever railbanked, they will never be put down again.

Comment by Joshua Woods

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