The Top of Michigan Trails Council just received a positive response from the Attorney General which could impact trails and complete streets from now on. It clarifies that an easement for highway use includes all legal users of the right of way and thus does not block the use of a right of way for [...]
An overview of the acquisition of railroad properties, reversionary rights, rights of entry, and recent court decisions as they relate to Michigan trails.
A sample easement agreement for the Southern Links rail-trail in Michigan.
A sample easement agreement from ALLTEL Communications, Inc.
This is the Michigan DNR’s crossing easement language for adjacent property owners to be able to regularly cross trail property. (December 2008)
Reading this handbook will help answer many of your questions about hosting public trails on your land. While the handbook explains the many tangible benefits you may receive through allowing trail access, ultimately it is your sense of community spirit that matters most.
A conservation easement is a voluntary agreement that is used to transfer certain rights concerning the use of land to a qualified nonprofit organization, governmental body, or other legal entity without transferring title to the land.
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”).
A model trail easement from the Brandywine Conservancy
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!
