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Acquiring Rail Corridors:
Chapter 1: Getting Started
If you're lucky, you may have the luxury of time to plan for the acquisition of a rail corridor. On the other hand, you may have just learned that the local railroad intends to dispose of a corridor within the next three months. Obviously, a rail line's current status will play a large role in dictating how quickly you must act to preserve a particular corridor for trail use.
Understanding the Status of the Corridor
Generally speaking, corridors fall into one of four categories:
Active rail corridor. Whether one train an hour, or one train a year passes through, these corridors are still considered active. Corridors in active use are almost always owned by a railroad; the rare exception is a corridor owned and operated by a city or state. An agency interested in acquiring an active rail line for trail use may have to wait several months, if not years before the line might become available.
If you have identified an active rail line as a potential candidate for rail-trail development, pay close attention to the frequency of service along that corridor. Active rail lines may become candidates for abandonment in a very short period of time. For example, the relocation of a major manufacturing plant that had previously been served by a particular rail line may be enough to trigger an abandonment application. A sudden decline in service may foreshadow an impending abandonment.
Inactive corridor. These corridors, which generally are still in railroad company ownership, still have tracks and ties in place, but there are no longer any trains operating on a regular basis. An inactive corridor is certainly a good candidate for abandonment, if the railroad hasn't already begun the process. Since a railroad is required to notify the local community when it intends to abandon a corridor, your agency should have at least some time to begin preparations to acquire the property.
Inactive corridor with abandonment authorization. In certain cases, a railroad may have already received abandonment authorization from the Surface Transportation Board (STB) which regulates rail corridor abandonments, but for some reason, it has not yet begun to salvage the corridor that is, to remove the tracks and ties. Until a railroad begins the salvage process, these corridors are still in rail road company ownership. Since the railroad almost certainly notified the local community of its intention to abandon that particular line prior to receiving abandonment authorization, you will have very little time to put together an offer for this type of corridor.
Abandoned corridor. Any corridor which no longer has tracks and ties in place has almost certainly been abandoned. Make sure to confirm, however, that the corridor is in fact abandoned under state law, since the removal of tracks and ties does not automatically constitute abandonment.
Generally speaking, there is less urgency associated with acquiring a previously abandoned corridor since the legal dismantling of the corridor has already taken place. On the other hand, previously abandoned corridors, or sections thereof, may be candidates for sale through auctions leaving little time for you to prepare for acquisition. The issue at this point is to identify the owner or owners. Some possibilities include: the railroad; adjacent landowners; the heirs of the original easement grantors; state or federal government agencies; or corporations.
Are You a Serious Buyer?
If you are like most rail-trail sponsors, you began your efforts by focusing on all the opportunities a rail-trail offers your community. Your belief in the benefits of your rail-trail has almost certainly been strengthened over time. Just make sure that you and the other players are still in agreement that this project needs to happen. Remember that public land acquisitions will be scrutinized. Even the perception of irregularities may attract criticism.
One of the easiest ways to assess the level of commitment to a project is to consider the associated risks. Rail-trail acquisitions pose two primary risks: financial loss and political opposition.
Financial loss. Almost every attempt to acquire a rail corridor requires a substantial financial outlay. You will incur staff costs, consultant fees, and a whole range of administrative expenses as you work toward acquisition. If you fail in your attempts to acquire a corridor, your agency will still be responsible for covering these costs, just as it will be if you succeed. Even if you are successful, the acquisition process might be more complex than you anticipated, and you may be faced with substantial cost overruns.
Political opposition. Although this risk may be far more difficult to measure than the financial costs outlined above, the risk is real. In communities where trails, rail-trails and greenways are not yet part of the public infrastructure, rail-trails may be controversial. You and your agency may find yourselves the target of rail-trail skeptics who fear a loss of privacy, reduced land values, or increased crime. While these fears almost always prove to be unfounded, some landowners may let their fear of the unknown lead them to oppose the project. In a worst case scenario, this controversy may lead to attacks on your integrity and professionalism, and to attacks on your agency as well.
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Winning Over Trail Skeptics
Don't let skeptics and critics derail your project. Here are some techniques you may find useful in turning skeptics into supporters:
Reach out to adjacent property owners.
As the nearest neighbors to your rail-trail project, many adjacent landowners may be concerned about the impact of the rail-trail on their property, their home, their business or their family. Talk to these neighbors directly by going door-to-door, by circulating an open letter or by making a community presentation. Talk to as many people as possible.
Faceless bureaucracies scare people -- make sure your potential new neighbors know who you are, and what your intentions are from the outset. Acting in a positive, constructive manner -- no matter how unpleasant a discussion may become -- will enhance your credibility and win support for the project.
Listen to what your neighbors are saying.
Take time to listen to and understand your neighbors' concerns. As a rail-trail is an unknown commodity to many people, it is important that you address specific concerns, offer concrete suggestions and try to work with your neighbors to develop sensible solutions.
Find allies among adjacent landowners.
You may find bicyclists, walkers, runners, families with small children, or individuals with disabilities who live along the proposed trail. Seek out these individuals and urge them to assist with your rail-trail project.
Give adjacent landowners a role in the project.
Establish a trail advisory committee or a neighborhood relations committee and ask adjacent residents to serve on these committees with trail advocates and user groups. When given a chance to participate in the process, skeptics may be willing to work toward solutions.
Invite former skeptics to speak to trail neighbors.
Inviting a former skeptic to visit your community to discuss her real-life experiences living along a rail-trail can help allay your neighbors' concerns. A well-managed, attractive rail-trail is very different from a littered, overgrown, and abandoned rail corridor. Bringing in an outside "expert" who has witnessed this transformation is an excellent way to communicate this message.
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If you decide it is too risky to go forward, remember that circumstances change. You may find that taking some time away from the project actually makes it easier for you to resume work in the future. Perhaps your agency's budget will increase, or maybe you can generate an upsurge in public support that will make the project seem possible once again. Rather than abandon this project, seek out and work with nonprofit partners and "friends of the trail" groups to build enough support for the project to move forward.
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The Lackawanna Cut-Off
Although some rail corridors disappear quickly after abandonment, the Lackawanna Cut-Off, a 28-mile corridor through Warren and Sussex Counties, New Jersey, is still being considered for trail conversion nearly 20 years after its abandonment. Conrail abandoned the corridor in 1978, but held onto this architecturally impressive line for almost 10 years, while a buyer was sought. Although Conrail offered to sell the corridor to the state of New Jersey for $3 million, the state was unable to raise the funding necessary to complete the transaction. With no other options, Conrail sold the corridor to a developer for approximately $2 million in 1985.
When the developer purchased the corridor, he indicated his intent to dismantle it and sell the fill for construction projects around the state. As the corridor was designed with the slightest possible grade, a great deal of fill material -- rocks and gravel -- was used in its construction.
The state did not want to lose the corridor, with its potential as a mass transit route through a crowded section of New Jersey. The state was also concerned about the environmental impact of removing so much material from the corridor. Consequently, the state has been locked in a contentious battle with this developer over the corridor's future. While the state has successfully blocked the developer's attempts to dismantle the corridor, he has indicated he will not sell it to the state unless he is compensated for the estimated $40 million of fill he believes the corridor contains. Twenty years ago, the state could have obtained the corridor for around $3 million. Now the state is attempting to locate the more than $10 million needed to finance this acquisition. Until the state succeeds, the residents of Warren and Sussex Counties will have to continue waiting for both a trail and a mass-transit route.
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Ask Yourself the Right Questions
Before you make another decision about what to do next to acquire the rail corridor, stop and ask yourself these questions:
- What is the status of the rail corridor? Are trains still running? Has the railroad already abandoned the corridor? Are the tracks and ties still in place? If the corridor has not yet been abandoned, when will it be abandoned?
- If the corridor has been abandoned, is the railroad currently prepared to sell the corridor? If not, when will they be ready to sell?
- How much time will you have to put together a deal that meets the railroad's and your needs?
- What will the railroad want in exchange for the corridor?
- How will you fund this acquisition?
These questions form the basic framework for any rail-trail acquisition. Although you may not know the answers to these questions right now, do not lose sight of them. By keeping these questions in mind throughout the acquisition process, you and your agency will remain focused on the important issues. The window of opportunity in which to make the purchase may be small, but resist the temptation to launch headlong into a negotiation without adequate preparation.
Is Your Rail-Trail Project Ready For Prime Time?
Before you even think about buying a corridor for trail use, your rail-trail project must be well-supported by the community. If your project lacks this crucial support, you will be unable to put together a credible acquisition offer.
A rail-trail project needs three support mechanisms, known as the rail-trail triangle:
Public support: Rail-trails represent a community decision. Ideally, by the time you are ready to acquire the corridor, you will have held community-wide workshops to build public support for the project, and a "Friends of the Trail" group will have been formed to assist in creating the rail-trail.
An action plan: Develop maps and plans to indicate the community resources that the trail links together. These will demonstrate how this abandoned corridor could be used for outdoor recreation, open space conservation, historic preservation, and non-motorized transportation.
You also need a financing plan. You don't have to reveal your actual resources -- that's a negotiating strategy -- but you must show that you are prepared to compensate the railroad for its property.
Without concrete plans, you will have a difficult time convincing those you need to convince that your vision of a rail-trail can actually be implemented.
Committed Public Agency: Some entity must agree to own and manage the corridor. Ideally, a public agency -- local or state -- has already agreed to assume this responsibility. A park or transportation agency is an obvious choice. A conservation commission, a department of public works, or even an economic development agency might also be a fine candidate for this responsibility.
Usually, but not always, government agencies need explicit authority from a legislative body to acquire a rail corridor. At this stage, it is still much too premature to request that your agency's leadership, or your local politicians, commit to acquiring the corridor. You merely need permission at this point to explore the feasibility of acquiring the corridor for trail use.
Once you have approval to explore the feasibility of acquisition, make sure you regularly communicate with the appropriate decisionmakers. Hold briefings, field trips, and planning meetings to maintain the decisionmakers' enthusiasm for your rail-trail.
If the railroad doesn't think you have the authority to execute a purchase, you will find it extremely difficult to get their attention.
Without all three legs of the "rail-trail triangle" in place, your rail-trail idea isn't yet ready to move forward. To strengthen your project and garner the necessary community support, read Secrets of Successful Rail-Trails, an organizing manual for converting rails into trails.
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