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(The Atlantic Cities)   Rails-to-trails projects are source of civic pride, place to exercise safely within the city, and candy store for sue-happy NIMBYs who get free federal money as compensation for land they never owned   (theatlanticcities.com) divider line 67
    More: Strange, NIMBY, just compensation, Downtown Seattle, Federal Circuit  
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5054 clicks; posted to Main » on 08 Nov 2013 at 10:26 AM (36 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-11-08 01:18:40 PM

Krieghund: meat0918: Doesn't the easement still exist, i.e. the feds can change it back to a rail with no red tape?

Yep, and I'm sure we'll eventually see a story on Fark about someone that's upset because they bought a nice house next to a trail and now the feds are turning it into a railroad.


Very soon, since there is already talk about using these trails for high speed rail lines, especially along the West Coast.
 
2013-11-08 01:46:41 PM

buzzcut73: I say fark it. We need more rail in this country anyway, maybe the feds should just start laying new track along these disputed easements, and the NIMBYs can listen to freight traffic rolling by instead of having to look at somebody on a bicycle once in a while.


A nice idea, but these lines were abandoned for a reason, and that is that nobody could make money using (and maintaining) them.

Passenger rail, on the other hand, especially in urban areas, could make handy use of these corridors, both for intercity rail and development of new mass transit lines.
 
2013-11-08 01:57:02 PM
www.cyclewyoming.org
http://www.cyclewyoming.org/mbt_map.j pg

/best trails are in the mountains
 
2013-11-08 02:00:55 PM

Meatschool: And where was the photo you posted upthread taken?


I'm not sure, it isn't mine.  But my GIS was for Harpers Ferry, and it kind of looks like the trail surface near Whites Ferry.

I think San Mar does a few rides a year.  They are also super cool about letting the Cumberland Valley Cycle Club use their parking lot for the annual century ride every year.
 
2013-11-08 02:11:56 PM

fireclown: Meatschool: And where was the photo you posted upthread taken?

I'm not sure, it isn't mine.  But my GIS was for Harpers Ferry, and it kind of looks like the trail surface near Whites Ferry.

I think San Mar does a few rides a year.  They are also super cool about letting the Cumberland Valley Cycle Club use their parking lot for the annual century haven't ridden my bike yet this year, but at least my orthopedic surgeon will be able to retire early ride every year.


FTFY

Here in Ohio, we have TOSRV. I used to work in a shop, and the week before TOSRV, we would get a glut of bikes that had dust on them from the year before, and wide eyed people excited about the ride this year. Always felt like repacking their hubs with sand to kill their ride a mile in just so they didn't hurt themselves and tie up the SAG wagons.
 
2013-11-08 02:22:01 PM

George Babbitt: fireclown: Meatschool: And where was the photo you posted upthread taken?

I'm not sure, it isn't mine.  But my GIS was for Harpers Ferry, and it kind of looks like the trail surface near Whites Ferry.

I think San Mar does a few rides a year.  They are also super cool about letting the Cumberland Valley Cycle Club use their parking lot for the annual century haven't ridden my bike yet this year, but at least my orthopedic surgeon will be able to retire early ride every year.

FTFY

Here in Ohio, we have TOSRV. I used to work in a shop, and the week before TOSRV, we would get a glut of bikes that had dust on them from the year before, and wide eyed people excited about the ride this year. Always felt like repacking their hubs with sand to kill their ride a mile in just so they didn't hurt themselves and tie up the SAG wagons.


Oh wow.  My family used to do TOSRV back in the early 80s.  I'm lucky though, I haven't had a dusty bike in a lot of years.  Filthy with trail dust, but not dusty.
 
zez
2013-11-08 02:27:10 PM
FTA: the katy trail winds through cities in Texas, Oklahoma, and Missouri

no it doesn't, it doesn't even make it across the state
 
2013-11-08 02:30:48 PM

zez: FTA: the katy trail winds through cities in Texas, Oklahoma, and Missouri

no it doesn't, it doesn't even make it across the state


There are small bits of former MKT railroad called the "Katy Trail" in Oklahoma City & Dallas.  The name stuck in part because the Missouri one is so well known.  But, they aren't in any way related to each other or connected.
 
2013-11-08 02:43:10 PM

Angry Drunk Bureaucrat: fireclown: While we're here, is there a good trail network to get me from Maryland/south PA to Columbus OH?

/idly planning future trips.

I don't know about to Columbus, but the Great Allegheny Passage and the C&O canal trail will get you from DC to Pittsburgh.


fireclown: Angry Drunk Bureaucrat: fireclown: I did that ride this summer, three nonconsecutive days.

I want to do that one of these days, but I'm not a strong enough rider for that kind of endurance. It is nice, however, to know that the infrastructure is available to me, should I choose.

Go do the silly thing.  It doesn't matter how many trips it takes, and they will get longer.  I did the C+O with a friend of mine who could only manage 20 mile days at the start of the summer.


Thank you for these comments. And subby for the post. In about two years I plan on doing Portland to Portland, heading west. I have been fretting over my route, mostly until I get out of NY, but now I have new options with Rails to Trails. I don't know why I never thought of it before. And if you didn't know, there's also a website (https://www.warmshowers.org/) for long distance touring cyclists. You can offer up or receive offers of amenities. If you don't feel like camping.
 
2013-11-08 03:41:42 PM
I'm looking forward to when we get the Black Diamond finished near Ithaca. Then I'll be able to ride to work much more often. Not a huge fan of riding on the main roads into Ithaca. So many people out here on bikes already that it tends to create traffic problems. Vehicles diving into the other lane to go around or suddenly slowing down before going past a bike. I'd rather just avoid being a part of that.
 
2013-11-08 03:57:29 PM

patrick767: wxboy: patrick767: Nabb1: Welcome to first year property law. Today we will discuss the basics of easements.

People can't be glad they don't have farking trains going through instead, for which they'd receive zero compensation? No, they've gotta sue.

If I've got an open-and-shut case for being paid an easy few thousand dollars, I'm suing to get it.

Must be nice to not give a damn if you deserve compensation. Gimme gimme!


Speaking of suing, are there any restrictions on suing property owners if the section of trail you get hurt on is theirs?  That would be one reason I'd want any trails on my land taken out.
 
ZAZ [TotalFark]
2013-11-08 04:48:19 PM
meat0918

In Massachusetts some easements automatically expired when trains stopped running. Property rights are determined by state law. If the federal government wants to overrule property rights determined by state law it must pay compensation.

buzzcut73

Again as a matter of state law, in my state a deed conveying property up to the edge of a railroad easement automatically conveys the land under the railroad. The principle applies to any "linear monument" such as a stream or a road. The purpose of this law is to prevent slivers of land from having obscure ownership.

Here is the problem the law was meant to prevent.

In 1870 John Doe sells an easement to the Boston and San Francisco Railroad. He dies. His heirs inherit his land. They mistakenly think he sold a strip of land instead of an easement over a strip of land. They sell their property, described as ending at the edge of the railroad right of way. Read literally the deed reserves their rights in the land under the railroad. Skip ahead five generations. BSF goes out of business and abandons the easement. Who owns the strip of land? Not BSF, because BSF never bought the land. It can't claim adverse possession when it had explicit permission to use the land. Not the people next to the railroad, because their deeds stopped at the edge of the right of way. John Doe's descendants own the land, and you may never find them all.

So my state, but maybe not all states, gives the land under an abandoned railroad to the abutters even if the literal language of the deed says otherwise. If you want to retain ownership of the strip you have to say so more explicitly.
 
2013-11-08 04:57:09 PM
After years of living just close enough to a rail line to hear that 2 am freight train three nights a week, blasting its horn through every crossing, I can honestly say, I would kill for the chance to have a bike/hike trail instead.

I was never so glad to move, as the day we closed on the sale of that house.
 
2013-11-08 06:16:12 PM

Krieghund: meat0918: Doesn't the easement still exist, i.e. the feds can change it back to a rail with no red tape?

Yep, and I'm sure we'll eventually see a story on Fark about someone that's upset because they bought a nice house next to a trail and now the feds are turning it into a railroad.


They knew what they where getting into when they bought thier ticket, let them crash.
 
2013-11-09 12:44:58 AM
Here's my Rails-to-Trails.
img.fark.net
It has nice views, eagles, girls in tights, newts, vagrants, butterflies, dog walkers, miles of paved path with no cars, kids on bikes, parks, mountains and lots of other stuff.
img.fark.net
Awesome trail, the end is Boring.
img.fark.net
 
2013-11-09 11:19:32 AM

dbrunker: Here's my Rails-to-Trails.
[img.fark.net image 325x132]
It has nice views, eagles, girls in tights, newts, vagrants, butterflies, dog walkers, miles of paved path with no cars, kids on bikes, parks, mountains and lots of other stuff.
[img.fark.net image 453x300]
Awesome trail, the end is Boring.
[img.fark.net image 512x384]


Me and my dad once rode the entire length of that. I miss those days
 
2013-11-09 05:16:34 PM

ArkAngel: Me and my dad once rode the entire length of that. I miss those days


Sorry to hear you can't ride it anymore.  The last 3 miles of the east end of the trail got paved but the railing on the last bridge isn't fully installed so there are still big signs that say the trail is closed.  Most people continue to ignore the signs.  There is still a gap in Sellwood just south of the Sellwood Bridge that hasn't been paved and construction on both sides of OMSI.  Other than that you can ride from the  Steel Bridge to Boring.
 
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