A Summary of Possible Reversionary Rights and Rights of Entry In Michigan
An overview of the acquisition of railroad properties, reversionary rights, rights of entry, and recent court decisions as they relate to Michigan trails.
MTGA Trails Toolkit
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Railroads:
Railroads
Railroad Rights-of-Way in Michigan
A brief summary document regarding railroad rights-of-way and applicable court decisions and Michigan state law.
Trail Development: Acquisition, Construction & Management
An overview for estimating trail costs of land acquisition, design, construction, and management.
The Story of Railbanking
Section 8(d) of the National Trails System Act (“the Trails Act”) was enacted by Congress in 1983 in response to this crisis of corridor loss. It provides an effective mechanism for preserving railroad rights-of-way for future rail service and for energy efficient alternative transportation use, without imposing additional burdens on rail carriers. The law allows railroads to transfer inactive railroad corridors to qualified trail managers for interim use as trails, until such time as these rights-of-way are needed for future rail service on the condition that trail managers assume all carrying costs (liability, maintenance, and taxes) of the rights of way. This process is known as “railbanking.”
State Transportation Preservation Act of 1976
Michigan laws which help define how the state handles railroad abandonment and their conversion to trails.
Converting About-To-Be Abandoned Railroad Rights-of-Way to Recreational Trails
A comprehensive discussion of how railroad rights-of-way may be converted to recreational trails under the Interstate Commerce Commission’s new regulations implementing Section 8(d) of the Trails Act.
Who Actually Owns the Right-of-Way?
Although the general public thinks of a corridor as being “owned” by a railroad, in reality the average rail right-of-way is a hodgepodge of different legal entities that do not come unraveled until abandonment. In general, the railroad will own some portions of the corridor outright (in fee “simple”) while it will only have restricted use of other portions (“easements”).
Rail-Trails and Utilities
Although it is obvious that rail-trails are great recreation areas, what you might not know is that almost 40 percent of all rails-trails do double-duty as corridors for utility lines, pipes, and cables. The ability of abandoned rail corridors to serve our communities as more than trails is another reason to save old rail lines and put them back to use! If you are interested in sharing your corridor, read on—we have the answers to your questions!
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