go back

printer version
rails and trails : development issues
Opening of Capital Crescent Trail, DC
Despite their popularity and value, rail-trails can take several years to develop and there are several issues that need to be addressed. For example, property owners adjacent to an old railroad line may be concerned about the possible loss of privacy or noise that may accompany a trail. They may also believe the land belongs to them and that the railroad had only an easement over their property. Fortunately, with more than 1,000 rail-trails already on the ground, these issues have been successfully dealt with in the overwhelming majority of cases.

Corridor Ownership
The first issue to resolve in developing a rail-trail is determining who owns the old railroad line, as this affects what is possible and who has control over the property. Railroad companies acquired corridors for their tracks in a wide variety of ways: some corridors were bought, some granted to the railroad company by the Federal government, some pieced together through agreements (easements) with individual property owners. Many corridors were acquired through a combination of these and other methods, making ownership of the corridor a complicated issue to resolve.

When a railroad no longer wants or needs a corridor, they can abandon the line and, depending on ownership, dispose of the property. If the railroad clearly had only an easement in the property, the land may revert back to the original property owners. If they owned the corridor outright, the railroad company might sell the land to a local or state transportation agency, or donate it to a land trust or trail group -- usually once any valuable tracks and ties have been salvaged.

The Rails to Trails Conservancy has published a variety of resources on this subject, including Acquiring Rail Corridors and Secrets of Successful Rail-trails: both recommend seeking professional help in negotiating with railroads, property owners and interested non-profits in turing an old railroad line into a trail.

Railbanking
In 1983, Congress amended the National Trails System Act to create a program called "railbanking" to keep intact the remarkable network of railroad corridors that had been created in the 19th and early 20th century. Congress wanted to save the corridors for future potential rail use and allow their interim use as trails.

When a railroad announces its intention to abandon a corridor, interested groups or agencies can apply to the Surface Transportation Board to have the corridor railbanked and used in the interim as a trail. The program has helped create some of the most spectacular trails in the United States, including the Katy Trail in Missouri, the 320-mile Cowboy Trail in Nebraska, and the Capital Crescent Trail in Washington DC, and it has preserved more than 3,500 miles of corridor for future railroad use.

Community Concerns
As with many public projects, people close to a proposed trail may have concerns about the impact of the new facility on their property, privacy and peace and quiet. Research and the experience of numerous trails in communities across the country (www.trailsandgreenways.org) has shown that these fears are usually not realized and can be mitigated through careful trail planning, design, and management.

Crime - People living close to a proposed rail trail often fear an increase in crime and vandalism as a result of people using the trail. Ironically, converting a disused rail corridor to a trail often cleans up untidy wasteland and discourages undesirable behavior by ensuring a steady stream of legitimate users (i.e. walkers, bicyclists, joggers) who self-police the public right-of-way. Trail users also are unlikely burglars. A study by the Rails to Trails Conservancy found that major crimes on rail-trails, including rape, murder and mugging, were "very low" compared to national crime rates.


Property Values - Adjacent property owners fear that a trail will lower the value of their home or property because of the concerns such as crime, increased traffic and noise. Studies in Denver, Seattle and other communities indicate that the presence of a trail is either not a factor in the value of a home or adds value. Indeed, there are now countless examples of homes being sold on the strength of their proximity to a regional trail, and national surveys of prospective home buyers have found people want walkways and bikeways far more than golf courses, tennis courts and other amenities.

Traffic - Popular regional trails attract people from outside the immediate neighborhood of the facility, and they often drive to a trailhead before walking, bicycling or jogging on the trail. Adequate parking, and the development of safe parking areas, are important for the peaceful operation of a trail, as is intgeration of the trail into the overall transportation network (see below).

Liability
Property owners may also worry about the potential for lawsuits arising from injuries to trail users that may occur on their land (for example, a runner slipping on wet leaves while taking a short cut through a back yard). In almost all states, recreational use statutes protect landowners from such claims.

Integration with Road Network
Trails are part of the transportation network and should be fully integrated into the full range of transportation options available to travelers. This can be achieved in many ways:
    Ensuring links exist between trails and transit services (e.g. train stations and bus stops).

    Ensuring streets providing access to trails have adequate bicycle and pedestrians facilities such as striped bike lanes and sidewalks.

    Signing trail facilities from nearby roads to alert other users and promote the existence of the trail.

    Marking cross streets and intersections so that trail users can keep their bearings.

    Providing accessible trail heads and parking.

    Providing secure bicycle parking at trail heads.

    Including trails on street maps.