Rail with Trail issues
CONTEPORARY RECREATIONAL-USE STATUTES
RAIL-W-TRAIL OR DUAL USE CORRIDORS
CSX BUILT, BIKE-PED CROSSING OF ONE OF THEIR LINES
PINSLY RR's CLAREMONT & CONCORD RAILROAD
To the left is the official work-up of the draft legislation in 2008 that created the improved Rec Use Statutes in Massachusetts in 2009. This was modeled after Maine where it was passed in 2005. More recently both CT and NH have passed similar legislation too.
Here’s the finalized Rec-use document which calls out railroads and utilities as owners of land that might be useful for recreational purposes “. . . Shall not be liable for personal injuries or property damage sustained by such members of the public, including without limitation a minor, while on said land in the absence of willful, wanton, or reckless conduct by such person.” At the bill-signing ceremony with Governor Patrick in 2009 were several members of National Grid’s Real Estate Department.
A letter by the MassDOT Secretary in 2013 that clearly makes rail-w-trail projects easier to build. Period.
In 2004, there was a series of meetings held at the home of one of the Board members of the Maine Rail Advisory Council with Board members of the Eastern Trail Alliance and they crafted a tweak of Maine's Rec Use statutes to allow for RRs and utilities to be named as owners of land to have no liability issues.
One of the utilities involved is also the owner of a 700 PSI Natural Gas pipeline in southern Maine that is part of the trail network now. The image shows a screenshot of Maine's actual Recreational Use Statutes. Click on the image to go to the state website.
To the left is the latest extensive report on the subject of rail-with-trail by Rails-to-Trails Conservancy. 112 pages--5 mg file to download.
Need to put in a proper grade crossing of your trail going over an active RR? Here's a link to a short video showing one designed, built and installed by CSX just a few miles from their HQ in JAX Florida.
Here's a couple of recently published books in 2022, that feature one of Pinsly Railroad Company's more unusual branchlines, the Claremont & Concord Railroad. This operated in New Hampshire and ran in the streets, on the sidewalks, in people's side yards and back yards. No other shortline railroad company in the U.S. has as much experience with shared-use or dual-use corridors as Pinsly Railroad Co.