Rail Trail - Conversion Issues

Conversion Issues

Rail trail conversions can be complex for legal, social and economic reasons. Railroads in North America were often built with a mix of purchased land, government land grants, and easements. The land deeds can be over a hundred years old, land grants might be conditional upon continuous operation of the line and easements may have expired, all expensive and difficult issues to determine at law.

Railroad property rights have often been poorly defined and sporadically enforced, with neighboring property owners intentionally or accidentally using land they do not own. Such encroachers often later oppose a rail to trail conversion. Even residents who are not encroaching on railway lands may oppose conversion on the grounds of increased traffic in the area and the possibility of a decline in personal security. Because linear corridors of land are only valuable if they are intact, special laws regulate the abandonment of a railroad corridor. In the United States, the Surface Transportation Board (STB) regulates railroads, and can allow a corridor to be "rail banked" or placed on hold for possible conversion back to active status when or if future need demands.

While many rail trails have been built, other proposals have been cancelled by community opposition. The stature of the conversion organization, community involvement, and government willingness are key factors.