H.R. 4924: Rails to Trails Landowner Rights Act

The "Rails to Trails Landowner Rights Act" is a proposed piece of legislation that brings changes to how abandoned railway rights-of-way can be used for recreational purposes. Here’s a breakdown of its main provisions:

Interim Use of Railroad Rights-of-Way

The bill establishes specific requirements for any state, local government, or qualified private organization that wants to temporarily use an abandoned railway corridor for recreational activities. Key requirements include:

• Providing notice to landowners whose property adjoins or is crossed by the railway right-of-way.
• Obtaining signed approval from these landowners within 30 days after intervening in an abandonment proceeding.
• Disclosing the legal status of the occupancy of the right-of-way.
• Ensuring that any proposed agreement for interim use requires compensation to landowners for additional costs incurred, with a minimum payment being the fair market value of affected properties.
• Creating an online portal to publicly disclose all relevant information regarding the interim use.

Public Notice and Comment Period

Before allowing interim trail use, the Surface Transportation Board (STB) must:

• Provide public notice and allow a comment period of at least 90 days before certifying the interim use.
• Conduct a review of the easement width and consider narrowing it if it is wider than necessary for potential future rail service.

Cost-Benefit Analysis

The STB is required to perform a cost-benefit analysis evaluating the impacts of the interim use, which includes:

• Assessing impacts on safety, health, security, privacy, biosecurity, food security, and economic impacts on landowners and local communities.
• Considering the likelihood that the railway corridor may return to active rail use in the future.

Costs related to these activities will be the responsibility of the state, local government, or organization proposing the interim use, and the STB will only incur expenses once funding is received from the trail sponsor.

Periodic Review of Rails-to-Trails Corridors

The STB will periodically review corridors designated for trail use and will assess maintenance requirements along with requests from landowners to narrow easement widths.

Advisory Committee

An advisory committee will be established by the Secretary of the Interior to recommend maintenance requirements for trail sponsors. This committee will consist of:

• 6 members from landowners along existing trails.
• 3 members representing rail carriers.
• 2 members who are trail sponsors.

Members will not receive compensation but can report findings and recommendations to the House Committee on Natural Resources within two years after the bill's enactment.

Conclusion

The legislation aims to balance the rights of property owners with the interests of communities wishing to use abandoned railway spaces for recreational purposes. It establishes clear protocols for notification, compensation, and community involvement.

Relevant Companies

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