Rails to Trails Landowner Rights Act
Summary
The Rails to Trails Landowner Rights Act aims to modify the National Trails System Act concerning the interim use of abandoned railway rights-of-way for recreational trails. It introduces requirements for providing notice and obtaining approval from landowners whose property is adjacent to or crossed by the right-of-way. The bill also mandates compensation for landowners, public notice and comment periods, and cost-benefit analyses before interim trail use is approved.
Expected Effects
This act will likely increase the requirements and burdens on states, political subdivisions, or private organizations seeking to establish recreational trails on abandoned railway lines. It could slow down the creation of new trails and potentially narrow the scope of existing easements. The act also establishes an advisory committee to recommend maintenance requirements for trail sponsors.
Potential Benefits
- Increased Landowner Rights: Landowners gain more control over the use of land adjacent to or crossed by railway right-of-ways.
- Compensation for Costs: Landowners are entitled to compensation for additional costs attributed to interim trail use.
- Public Input: Requires public notice and comment periods before trail use is approved.
- Cost-Benefit Analysis: Mandates a cost-benefit analysis considering safety, health, security, privacy, biosecurity, food security, and economic impact.
- Advisory Committee: Establishes an advisory committee to recommend maintenance requirements.
Most Benefited Areas:
Potential Disadvantages
- Increased Bureaucracy: Additional requirements may slow down or prevent the creation of new recreational trails.
- Financial Burden on Trail Sponsors: Trail sponsors bear the costs of compensation, cost-benefit analyses, and maintenance.
- Potential for Narrowed Easements: Consideration of narrowing easements could limit the potential for future rail service.
- Limited Scope: Focuses primarily on landowner rights, potentially overlooking broader community benefits of trails.
- Reporting Requirements: The advisory committee's report adds an additional layer of bureaucracy.
Most Disadvantaged Areas:
Constitutional Alignment
The bill appears to align with the Fifth Amendment's Takings Clause, as it requires compensation for landowners affected by the interim use of railway rights-of-way. It also aligns with the principle of due process by requiring notice and comment periods. However, the Commerce Clause could be relevant if the regulations unduly burden interstate commerce by hindering the development of rail infrastructure. The Tenth Amendment could also be invoked if the federal government is seen as unduly infringing on state control over land use.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).