How does the proposed trail affect property rights?
Under the federal railbanking law, a corridor can be used as a trail-to preserve the corridor for future transportation use-without land reverting to adjacent landowners. The Supreme Court has stated that railbanking is consistent with the language and intent of railroad transportation easements and is therefore constitutional. Rail-trails are developed under many different circumstances, but in every case a trail’s managing body needs to own the corridor or have an easement in place. Trail managers need to know their contractual requirements and have clear policies regarding adjacent landowners’ use and crossings.
Related Questions
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