Kansas Recreational Trails Act

Transcription

1 Kansas Recreational Trails Act Kansas Farm Bureau Staff Attorney Michael D. Irvin

2 Key Discussion What is Railbanking? Who owns right-ofway? Kansas Laws Who builds and manages trails Misc. Legal Update

3 Railroad Map

4 Rails-to-Trails National Trails System Act 16 USC 1247(d) (1968) Promote public access to outdoor areas 1983 amended provision to add railbanking Goal was to preserve critical corridors Through interim conversion to trail use. Voluntary agreement between RR and trail group RR not considered abandoned Once agreement and management in place could remove tracks and ties or RR sells them Does not revert back to adjacent landowner

5 Rails-to-Trails Who builds the trails Requested by either Public agency or Qualified private organization Request sent to STB in Washington DC Sign a Statement of Willingness to Assume Financial Responsibility RR company may negotiate a railbanking agreement Subject to possible future restoration of rail service Issued a Certificate of Interim Trail Use (CITU) If STB restores service The trail agency is entitled to fair market value for the corridor

6 Statement of Willingness STATEMENT OF WILLINGNESS TO ASSUME FINANCIAL RESPONSIBILITY In order to establish interim trail use and railbanking under section 8(d) of the National Trails System Act, 16 U.S.C. 1247(d), and 49 CFR , is willing to assume full responsibility for management of, for any legal liability arising out of the transfer or use of (unless the user is immune from liability, in which case it need only indemnify the railroad against any potential liability], and for the payment of any and all taxes that may be levied or assessed against the right-of-way owned by and operated by. The property, known as the, extends from railroad milepost near to railroad milepost near, a distance of miles in County,. The right-of-way is part of a line of railroad proposed for abandonment in STB Docket No. AB- (Sub-No. ). A map depicting the right-of-way is attached. acknowledges that use of the right-of-way is subject to the user's continuing to meet its responsibilities described above and subject to possible future reconstruction and reactivation of the right-of-way for rail service. By my signature below, I certify service upon [Railroad Company and address], by U.S. Mail, postage prepaid, first class, this day of, 20. Respectfully submitted,

7 Time Line of RR - ROW Trail Group History July 2, 2004 Butler Co files with STB and abandonment exemption July 30, 2004 Prairie Travelers files request for NITU with STB Sept. 13, 2004 STB grants NITU to Prairie Travelers June 2, 2005 STB grants Butler Co. Economic Development (BCED) and NITU for the same ROW Nov. 5, 2009 STB grants request from BCED to transfer part of ROW to City of Augusta April 5, 2010 STB grants a request from BCED to transfer part of ROW to City of Andover

8 Rails-to-Trails Issues Adjacent landowners Issues Security and Trespass Theft Fire Gates Trespass Harassment of Livestock

9 Rails-to-Trails Issues

10 Rails-to-Trails

11 Rails-to-Trails Issues

12 Rails-to-Trails Issues

13 Rails-to-Trails Issues

14 Rails-to-Trails Issues

15 Rails-to-Trails Issues

16 Rails-to-Trails Issues Interference with farm & ranching operations Access to farm machinery Privacy Inquiring minds Over growth (fences) Crop & field damage Dust Litter Noxious weeds Drainage

17 Rails-to-Trails Issues Missed Opportunity Seek input from agricultural community No consultation No feed back Involvement Progress of construction Special construction considerations Lack of response Design solutions Gates, signage, litter etc.

18 Miami County Case

19 Kansas State Law Kansas Recreational Trails Act (K.S.A ) Duties of responsible party Provide safety, use and accessibility of existing easements Provide signs regarding trespassing & safety laws Provide litter control Develop and maintain so not a fire hazard Designate for nonmotorized vehicles Prohibit hunting or trapping Provide for law enforcement Grant easements to adjacent property owners to cross the trail in a reasonable manner Maintain any existing fence Maintain any future fencing Install fencing Pay on-half of cost

20 Kansas State Laws KFTA Duties of responsible party Maintain All bridges, culverts, roadway intersections and crossings Drainage and flood control Use of easement for crossing the trail Install traffic signs If responsible party not a governmental entity Shall file with county clerk Bond or escrow It shall be conditioned on performance» Weed control» Litter control» Maintenance of trail» Maintenance and installation of fencing» Installation of signs Proof of liability Ins.

21 Kansas State Laws KRTA Procedures for development Approval of STB Responsible party give notice to adjacent landowners Before commencing Project Project plan to County Commissioners» Cost of project» Source of funding» Maps Final plan as to the status of trail Development at intervals Must complete plan within 2 years per each county

22 Andover Augusta RailTrail Initiative Redbud Trail Plan submitted No financial info. provided No cost of to build bridge(s) No cost for fencing projected Safety concerns

23 Kansas State Laws KRTA Adjacent property owners No duty of care Not relieved from liability for injury to another Gross negligence or Willful or Wanton misconduct If Responsible party fails to comply Adjacent owner, city or county aggrieved by the noncompliance may bring an action in district court

24 KFB Legal Foundation Michael D. Irvin For more info or (785)