the money from the state "discretionary funds" can create a new hiking trail from Chenango Forks to south of Utica

the rail line does not have to be abandoned. The state of NY can use "discretionary" funds or whatever funds can be use from the environmental bond to purchase the soon to be abandoned railroad from south of Utica to north of binghamton (chenango forks -- Rt 12).

can we do it? Yes -- if the RR is going to abandon the line the state or public can buy the line and make it the Rail to Trail Initiative. (if we can build Yurts on Long Island can't we build real trails in upstate? see my other posts about yurts)


Here is more info and we need a lawyer to figure out the true process. does anyone know what this means? Can we ride our bikes along the RR lines in Chenango Forks? Or will it just be reserved for powerlines?

When can people really figure out these laws? Are we all just idiots hoping some politician can take 2 minutes out of their life to explain this stuff to us?


Definition of "Abandonment"
Understanding the legal definition of "abandonment" is important because railroad corridor ownership often changes when the line is officially abandoned.
Think of railroad abandonment as a two-stage process, not a discrete event. The first stage is the abandonment authorization given by the federal government. The second stage is when the final physical abandonment of the corridor takes place, which is determined by state law.

No rail line on which interstate commerce originates, terminates or passes through, may be abandoned without prior authorization from the Interstate Commerce Commission (now the Surface Transportation Board). The ICC's authority preempts all state and local authority, meaning that a state or local government cannot require a railroad to abandon a line, and it cannot force a railroad to continue service once the ICC authorizes abandonment.

Railroads operating under the ICC's jurisdiction must be prepared to provide service to any shipper willing to pay the railroad's published tariffs. The railroad needs considerable money and resources to maintain and repair all of its tracks including those sections that currently have little or no service. When maintaining tracks is not longer profitable, a railroad may opt to abandon the unprofitable line.

After a railroad applies to the ICC, the ICC issues abandonment authorization or a "Certificate/Notice of Abandonment" extinguishes the railroad's obligations and allows the railroad to proceed with the physical abandonment of the line. Once the ICC grants an abandonment authorization, state law determines when abandonment takes place for property law purposes.

Because easements almost always expire upon abandonment of the corridor, abandonment for state property law purposes causes all of the parcels held in easement to revert to adjacent landowners, thereby fragmenting the right-of-way. State definitions of abandonment vary from state to state because the definition typically is based on previous court case precedents.

However, in most states, mere non-use of the corridor by the railroad is not sufficient for the corridor to be considered abandoned. Often, state laws require the railroad to make one or more demonstrable act of its intention to abandon the line, ranging from removing tracks and ties to selling off its interests in the corridor. To find out what constitutes abandonment in your state, consult a knowledgeable attorney.