A tale of three spoke trails

[MattCW]

Wait, which leased line by CSX are you talking about? The only line I know that they lease is the ex-W&A through Marietta and Kennesaw.

[arjay57]

Originally Posted by netdragon

Because I'm one of the organizers of the Connect The Comet effort and we are working with PATH's Ed McBrayer on it.

Feel free to come to our next meeting:
Sun, July 13, 4:30pm – 6:00pm
Where: Vinings Bank, 4135 Atlanta Road Southeast, Smyrna, GA, United States (map)
Description: The Silver Comet Trail is unfinished. The State of Georgia needs to acquire 7 more miles of Silver Comet railroad track and convert it to trail for an Atlanta BeltLine Connection. Help us educate people and create public pressure to "Connect the Comet". Attend the "Connect the Comet" meeting, sign the petition at connectthecomet.org. Join "Connect the Comet" members on Facebook.

Great work, netdragon. Keep it up!

[cwkimbro]

Originally Posted by netdragon

It's been done multiple times recently successfully, and been discussed at Rails to Trails meetings. Just Google it to learn of the examples. However, in one case - Colorado - it was fought to the Supreme Court by the original land owner that thought it should have reverted back to him, once it was no longer used by the rail line. That original land owner won, but it was a very narrow ruling that probably wouldn't apply here.

Rails to Trails recommends against using eminent domain. PATH and politicians are not considering it yet. However, it is legally doable. The state would probably have to reimburse CSX for the remaining lease.

You are correct that the existing Silver Comet is rail-banked. We wouldn't want the new stretch rail-banked if avoidable because of the risk the entire line could be put in service someday.

Please read more carefully.

Eminent domain of a railroad is not the same as eminent domain of private property. If its been done, its been extremely rare and it is why I'm asking you when its been done.

Railroads legally have the authority by both the state and federal governments to use eminent domain themselves.

We can not force a railroad (on a local level) into abandonment.... merely ask. You do not have ultimate power over railroads. They do since they provide a region-wide and nation-wide service that makes our economy run.

The case your referring to, FYI, was not won with a narrow ruling, There was only one dissenting vote. It was a costly loss for the future trails and it has brought on class action lawsuits of thousands of other properties. Locally eminent domain can still be used on those properties, but they will have to pay each property owner market value.... which will be more costly.

Now the Railroads are not typical private owners. They have eminent domain themselves.



MattCW, I wasn't going to say anything, but I think your right. The line in question is Seaboard Airline Line that was company built and consolidated. It is unlikely to have a lease, but I could be wrong. Funnier things have happened in the past with consolidations and creative financing. The W&Aline was state built and owned and had a 99 year lease, which should be renewed very soon actually.

[MattCW]

If the lease on the W&A is up soon, I sure hope the state slips a commuter/regional rail clause into it. This time, the state should have CSX over a barrel since if CSX didn't agree, they would lose Chicago-Atlanta access.

[cwkimbro]

Originally Posted by MattCW

If the lease on the W&A is up soon, I sure hope the state slips a commuter/regional rail clause into it. This time, the state should have CSX over a barrel since if CSX didn't agree, they would lose Chicago-Atlanta access.

You're right, it certainly gives the GDOT more leverage.

I'd expect there to be some type pressure of the sort.

But it isn't as easy to cut as butter.

At least as far as the southeast region is concerned, CSX has a more robust network and they have more options around Atlanta regionally speaking. Norfolk Southern depends on Atlanta more as a major classification hub. For NS we're a crucial lynchpin with fewer ways around. Part of the reason CSX might have built their network was to have ways around leased lines should the worse happen. This is good for us in some ways too. This allows CSX more access to handling lock deliveries throughout town. From an older GDOT report I read that seems to be the case, CSX handles more traffic for local businesses.

Don't get me wrong, Atlanta is still a major classification point for CSX and they will care about access to the W&A deeply... just merely saying the other parts of their network are more robust at being able to avoid Atlanta.

Anyways, the point I'm getting at is the railroads are still a public utility for Georgia businesses... if you play hardball too much, CSX might lose some business..... but it directly impact thousands of Georgia companies trying to operate. If CSX lost the W&A its almost not an option for the GDOT economically.

Its a very gray world, rather than white and black.