News

Federal jurisdiction now established

Tue, 26 Jun 2012 07:22:07 -0400

For corridors where the right of way is just a collection of easements rather than owned “in fee”, a Federal statute must be invoked to prevent reversion to adjoining property owners. This is known as Rail Banking, which preserves the legal status of a railroad corridor for future use, and permits trail use in the interim.

It applies to virtually any corridor, but is much more easily invoked when administered by the Surface Transportation Board. Any legal disputes are heard in Federal courts, and will be quickly dismissed - the law is “well settled”, as they say.

STB jurisdiction of this line was an immediate question, and we received advice from knowledgeable people that it was under federal jurisdiction - “non-exempt” is the operable term. In late 2011, we started to hear otherwise, and recently the STB ruled that it has not been “non-exempt”.

But the good news is that this ruling came simultaneously with a decision that Iowa Pacific could use the line as a common-carrier, which places it in STB jurisdiction. Furthermore, the state extracted a promise from Iowa Pacific that it would cooperate with Rail Banking procedures. In so doing, the state signaled a favorable view about converting the corridor to a trail, and not just the 13 miles of state land, but the entire 29 mile corridor.

Three big questions answered, all at once. When Iowa Pacific abandons the corridor, as it must by 2062 and perhaps much sooner, it is all but certain that the corridor will become a trail.

Iowa-Pacific Threatens Rail Trail Project

Wed, 27 Jul 2011 07:27:43 -0400

Iowa-Pacific Holdings (IPH) is a Chicago-based short-line railroad company that Warren County has granted rights to operate the Saratoga-North Creek rail corridor. Their business includes finding opportunities to haul freight as well as run excursion trains. They’ve announced a desire to purchase the Tahawus Extension in order to run freight from Tahawus.

It’s not at all clear how this makes sense - there’s not even electricity in Tahawus. But they may be able to gain control of the corridor at low holding cost, and may then apply for public assistance to re-activate the line. We’re taking this threat seriously. IPH has made gestures about being community-minded, but their offer of cooperation on the “rail with trail” approach - adding a trail alongside an active rail - should not be taken seriously. It’s not feasible for a single-track rail bed in rough terrain, nor is it legally possible on this particular right-of-way.

North Creek and Warren County is in the enviable position of having train service as far as North Creek, and a fabulous bike trail beyond. There can be little doubt that this is the best outcome, including for Iowa-Pacific - they need a vibrant North Creek as much as anyone.

Miscellaneous updates

Thu, 20 Jan 2011 13:46:16 -0500

So many other options for disseminating news! You want ours fast, get thee to our facebook page. Ok, ok, you are resisting. So this is just for you!

We were slowly getting some traction on purchasing the corridor from NL - the only party interested - when railroad interests returned from exile cheering a White Knight in shining armor - Iowa-Pacific. They’ve made noises about buying the corridor as they’ve sought a contract to operate the Warren County line (to the south of ours). There will be a period of uncertainty before we can back to business. We’ll do what we can to hurry things along, as rail fans do their FUD thing, try to convince folks that renewed rail service (to nowhere) is just around the corner. Yes, we’re having to treat them a little harshly than we’d like - they seem to feel they can just make up stuff. Rare-earths in Tahawus!

But our positive message is that North Creek can have a train AND a bike trail. Two attractions are better than one.

We received our 501(c)(3) letter from the IRS late last year. Your generous contributions are tax deductible.

The good folks at Parks and Trails New York have been very helpful in connection with our Healthy Trails Healthy People Technical Assistance Grant.

We’ve gone a long way in understanding the legal nature of our corridor - examining deeds, studying case law, speaking to the Surface Transportation Board, reading the VanderWhacker Unit Master Plan, consulting a knowledgeable attorney. Complicated, but everything we’ve found is in our favor.

A cycling organization has formed in Warren County aimed at general cycling quality, safety, development and promotion. It’s even been recognized by county government as an official advisory group. This will be enormously helpful to our project. There have been other interesting bicycle-related developments in the area. We’re riding a wave.

An economic study is about to be revealed in the Lake Placid region regarding tourist trains versus a bike trail to Tupper Lake. We think this will be relevant to our project, and will provide powerful facts and figures.

That’s enough for now.

Join the Friends of the Upper Hudson Rail Trail

Tue, 9 Mar 2010 14:30:20 -0500

You can now become a member of the Friends of the Upper Hudson Rail Trail in a few simple steps online. Members are a great help to the effort: by showing support, providing some financial wherewithal, and participating in the effort more directly.

Go to the Membership page right now, and show your support. Both paid and free memberships are available.

Informational meeting at North River

Thu, 28 Jan 2010 00:00:00 -0500

Adjoining property owners of proposed rail trails naturally have questions and concerns. In our case, these concerns are almost entirely in the quiet community of North River. You can see in the aerial view above the location of the rail bed, the faint trace between Route 28 and the powerline corridor. It passes rather closely by some homes.

We held a meeting in North River in order to begin a conversation about the trail and about the routing of the trail, which does not necessarily have to follow the rail bed through North River. Our presentation gave some information about other trails and a vision for our trail. Afterwards, there was a great exchange of views. Decisions about the details of the trail will not be made for a long time, so there is plenty of time to learn as much as we can.