To the left is the official, light-blue, work-up module, of the draft legislation from the Massachusetts Legislature in 2008 that created and passed the improved Rec Use Statutes in Massachusetts in 2009. This was modeled after Maine where it was passed in 2005.  

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Here’s the finalized, ONE PAGE Rec-use document in Massachusetts 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 nearly all the members of National Grid’s Real Estate Department. If you didn't know, National Grid, with 200 miles, is the 2nd largest landowner of former steam railroad corridor in Mass.  And since the passage of this legislation, National Grid reps now always show up at ribbon-cuttings of trails on their land. Like a clock.  It is like  a clock and it is good for staff morale.

 

 

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A memo by the MassDOT Secretary  in 2013 that clearly makes rail-w-trail projects easier to build.  Period.  MassDOT is looking for more rail-w-trail projects that fill gaps and make connections to where people want to go. 

Logically, it  would seem that the best place for MassDOT to develop rail-w-trail projects are where DOT already owns corridor and has 3rd party contractors

operating freight or passenger trains

on DOT owned tracks.   Here's an image

from the1980s where DOT's contractor--

the Cape Cod Railroad operates a tourist RR  next to

the Cape Cod Canal Bikeway for the past 40+ years.

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​​​​​​​​The 1st redo of the Rec-Use Statutes  happened in Maine back 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 David Fink, Jr. Vice President of Guilford Rail Systems (owner of the ex B&M RR) along with Board members of the Eastern Trail Alliance--a Rail Trail south of Portland.

Working together over a few months,  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. 

 

YES THE RR INDUSTRY HELPED DRAFT THE LEGISLATION. Today, believe it or not, David Fink is the head of the Federal RR Admin.  LINK HERE to how this could have happened.   This was a script that even I couldn't have predicted.

 

Additionally, one of the utilities in Maine,Unitil, the owner of a 700 PSI Natural Gas pipeline in southern Maine that is part of the trail network now--all because of the changed rec-use statutes in Maine. Unitil loves to share their pipeline right-of-way with bikers and peds.  Click here to go to Maine's actual Recreational Use Statutes.  

 

 

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.  Page 46 of the document talks about set back requirements and what has been the experience nationally.  There are currently over 440 rail-w-trail projects now open in the US.  ​

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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 minutes from their HQ in JAX Florida. 

 

This short video was shown extensively in Philadelphia in the early 2000s when CSX was parking train loads of garbage at the entrances to the Schuylkill River Park. 

When people dared to complain, CSX said they would never, ever (nevah, evah)  allow an at-grade, bike-ped crossing of their tracks.  That was the corporate line until the video to the left started to appear on cable access channels in Philly. 

 

Then CSX admitted the truth and built a safe grade crossing in Philadelphia --and don't park the garbage trains near there anymore.

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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 Company now based in Jacksonville, FL in the same campus of buildings where CSX HQ is located.  

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