Ben Adler weighs in on Brandt vs United States

The new Mike Castle Trail along the C&D Canal

Cross-posted from Grist

By Ben Adler -- Rail trails - the biking and walking paths that have sprouted up on disused railroad lines over the last couple of decades - can be beautiful and popular public spaces. The Capital Crescent Trail on the outskirts of Washington, D.C., for example, passes scenic waterfronts and is packed on sunny weekend afternoons. As cars and trucks displaced passenger and freight rail in the 1950s, ‘60s, and ‘70s, abandoned rail lines fell into disrepair and became an eyesore. In 1983, Congress passed the “Rails-to-Trails Act.” Since then, the federal government has worked with rail companies and the communities traversed by tracks to reclaim these spaces for the public. Some 20,000 miles of rail trails have been established, with more constantly in development.

So it was alarming news for trail advocates when the Supreme Court ruled 8-to-1 on Monday in favor of a private property owner, and against the federal government, on the question of who owns the rail-line right-of-way on his property. The media headlines made it sound like a dramatic defeat: “U.S. justices deliver blow to ‘rails-to-trails’ policy,” from Reuters, was typical.

It was indeed a bad ruling for rail trail enthusiasts. But relax! The effect will be very limited. [Full article ...]

Poster's note: Only time will tell how this ruling will affect present and future rail trail projects. We do know that, time and time again, those in opposition end up warming to these trails. They even end up taking advantage of the higher real estate value that comes with having a bicycle and pedestrian facility nearby.

As it stands now, off-alignment trails are the most expensive, difficult, and time consuming when it comes to building bicycle facilities. Issues of land ownership and right of way almost always factor. Planning the Pomeroy Trail in Newark saw 10 years pass before actual construction began, and the Enola Low Grade Line in Lancaster County is finally coming to fruition after 20 exhaustive years of local opposition and litigation. It is not clear how long a project like the Newark to Wilmington Trail will take, given the usual issues above and little established ROW to begin with.