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To: Ruy Dias de Bivar
"When the Railroad gives up the lease it is supposed to revert to the landowners who may have other uses for it than a walkway."

Absolutely correct. Read my post #32 to see what happened here in Missouri.

Carolyn

33 posted on 12/04/2005 4:40:12 AM PST by CDHart (The world has become a lunatic asylum and the lunatics are in charge.)
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To: CDHart; Ruy Dias de Bivar

No, it depends on each situation, many railroads did own their ROW free and clear. And even if there were 100-150 year old provisions to revert the land back to the original owners, the states still have the option of voided that through eminent domain. Far different than taking productive land through ED, unless the landowner had been receiving royalties from the RR (very rare.) The states can usually successfully argue that converting to a recreation trail fits under the "Health, Safety, and Welfare" provision, as walking/biking/skating on a public trail ostensibly promotes good health.


49 posted on 12/04/2005 10:31:17 AM PST by Diddle E. Squat ("If you had Colorado +66 against Texas, YOU LOST!" < /Warner Wolf voice >)
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