Factsheet on Rail-Trail Opposition
The Most Frequently Asked Questions
Do rail-trails attract crime and vandalism to neighborhoods?
No. There is no evidence that rail-trails cause an increase in crime.
In fact, trail development may actually decrease the risk of crime in
comparison to an abandoned and undeveloped rail corridor. And, several
studies show that people prefer living along a rail-trail rather than an
abandoned corridor. Typically, lawful trail users serve as eyes and ears
for the community.
How can trails be made as safe as possible?
Trail advocates should be sure to address security concerns beginning
in the planning stages and continuing through the development of a trail's
management plan. The trail's design can also enhance safety, such as
landscaping in a manner that limits deep shadows and hiding areas or
installing emergency telephones in key areas along the trail. Various
safety programs can be used once the trail opens, ranging from limiting
use to daylight hours to establishing volunteer trail ranger programs
and from holding periodic "safety days" to instituting regular
police patrols.
What about public and private liability?
Generally trails are covered by the overall insurance policy of the
public entity that manages the trail. Public liability risks from trails
are small relative to other public services like roads, playgrounds and
swimming pools. By taking safety concerns into account when designing
and maintaining your trail, you can lower these risks. With respect to
liability risks to trail neighbors, private landowners are protected by
recreational-use statutes in all states except Alaska and in the District
of Columbia. Under these statutes, a landowner who does not charge a
trail access fee will not be held liable for injuries sustained on his/her
property unless an injured person can prove "willful and wanton
misconduct on the part of the landowner."
What about the privacy of those living near the trail?
According to a National Park Service study, The Impacts of Rail-Trails,
most adjacent owners experience a minimal loss of privacy from the
establishment of a rail-trail. Generally rail-trails have a thick row
of already established trees and shrubs along their edges. In some cases,
adjacent landowners have already taken steps to ensure their privacy from
trains, passengers, train crews and other former corridor users. Often,
trail design specifications will call for additional vegetative screening
to be added to the trail corridor to protect privacy. Fencing is expensive
and rarely necessary, although some landowners do erect fences-often with
a gate so they can access the trail.
How does the proposed trail affect property rights?
Under the federal railbanking law, a corridor can be used as a trail-to
preserve the corridor for future transportation use-without land reverting
to adjacent landowners. The Supreme Court has stated that railbanking
is consistent with the language and intent of railroad transportation
easements and is therefore constitutional. Rail-trails are developed
under many different circumstances, but in every case a trail's managing
body needs to own the corridor or have an easement in place. Trail
managers need to know their contractual requirements and have clear
policies regarding adjacent landowners' use and crossings.
Do trail crossings create traffic hazards?
No, when properly designed. An advantage of rail -trails is that
they tend to have fewer road crossings and driveways than on-street
trails. Where crossings exist, well-placed warning and directional
signs-both on the road and the trail-can prevent problems and help trail
users and motorists avoid dangerous situations. In addition, trail
advocates can work withthe community to develop user education programs
that teach trail etiquette and bicycle safety.
RAILS-TO-TRAILS CONSERVANCY * 1100 Seventeenth St. NW, 10th Floor,
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