Litigation and Its Effect on the Rails-to-Trails Program: Hearing Before the Subcommittee on Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Seventh Congress, Second Session, June 20, 2002 |
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Ackerson banking BARR Chairman claimants claims court class action Committee Congress Conrail Constitution cost counsel Court of Federal Department of Justice efficient Federal Circuit Federal Claims federal railbanking fee simple Ferster Fifth Amendment Fifth Amendment takings filed future rail GEKAS Government hearing interim trail issues Justice Department land owners landowners lawsuits lawyers legislation liability litigation Mayor Murphy ment miles NARPO National Trails System ownership Parks percent Pierce County Pittsburgh plaintiffs Preseault preserving rail procedures property rights question rail corridor rail lines rail service rail-trails railbanked corridor Railbanking Law railbanking orders railbanking program railbanking statute railroad corridors railroad easement rails to trails Rails-to-Trails Conservancy Rails-to-Trails program reactivation Reagan recreational rights-of-way Sansonetti Staggers Rail Act streamline Subcommittee Surface Transportation Board takings litigation taxpayers Tennessee Pass Thank tion trail manager Trails Act Trails System Act transportation Tucker Act U.S. Court U.S. Supreme Court
Popular passages
Page 27 - If the request is filed by a qualified entity who is willing to assume all legal and financial responsibility for the corridor, and the railroad agrees to enter into negotiations for an interim trail use/ railbanking agreement with the entity, the STB issues a Certificate of Interim Trail Use ("CITU") or, in the case of "exempt abandonments," a Notice of Interim Trail Use ("NTTU").
Page 10 - Council that title is somehow held subject to the "implied limitation" that the State may subsequently eliminate all economically valuable use is inconsistent with the historical compact recorded in the Takings Clause that has become part of our constitutional culture. Where "permanent physical occupation...
Page 27 - Abandonment (CITU) to the railroad and to the interim trail user for that portion of the right-ofway to be covered by the agreement The CITU will: Permit the railroad to discontinue service, cancel tariffs, and salvage track and material consistent with interim trail use and rail banking, as long as it is consistent with any other...
Page 11 - Schiffer, the Assistant Attorney General for the Environment and Natural Resources Division of the United States Department of Justice. Thank you for inviting me here today to address the proposed reauthorization and reform of the Comprehensive Environmental Response, Compensation and Liability Act, known as CERCLA
Page 10 - We believe similar treatment must be accorded confiscatory regulations, ie, regulations that prohibit all economically beneficial use of land: Any limitation so severe cannot be newly legislated or decreed (without compensation), but must inhere in the title itself...
Page 27 - Congress apparently believed that every line is a potentially valuable national asset that merits preservation even if no future rail use for it is currently foreseeable.
Page 9 - Penn Central Transp. Co. v. New York City. 438 US 104 (1978).
Page 25 - Specifically, RTC identifies rail corridors that are not currently needed for rail transportation and facilitates their preservation and continued public use through conversion into public trails...
Page 26 - The concept of attempting to establish trails only after the formal abandonment of a railroad right-of-way is self-defeating; once a right-ofway is abandoned for railroad purposes there may be nothing left for trail use.
Page 27 - II. EFFECTIVENESS OF RAILBANKING The Trails Act has, in fact, been serving its intended function of preserving inactive railroad corridors intact for public use. Since 1983, the ICC has issued 285 railbanking orders under the Trails Act, resulting in the acquisition of 122 railbanked corridors in 26 states representing 3,223 miles. Some 1,509.5 miles of railbanked corridors are presently open trails, with an additional 1,713.5 miles of trail under development on...