Railbanking is the practice of preserving railcorridors for possible future use. Railbanking leaves the railroad, railbed, bridges or bridge corridor, and other infrastructure intact. This relieves the railroad's operator from the responsibility of maintenance, and from taxation. Existing rails may or may not be maintained intact on the railbed, depending on their condition or any planned interim use of the railbed. Often the rail corridor is put in custody of a state transportation agency, which then seeks a new operator for possible rehabilitation or reactivation. This helps ensure the possibility of future restored rail service when new economic conditions may warrant resuming operation.
In the United States, railbanking was established in 1983 as an amendment to Section 8(d) of the National Trails System Act. It is a voluntary agreement between a railroad company and a trail sponsor (such as a trail organization or government agency) to use an out-of-service rail corridor as a trail until a railroad might need the corridor again for rail service. It takes place during the abandonment process.[1]
In places with many environmental laws and other governmental regulations as the United States, it is very difficult to restore an abandoned line, but it is easier with a railbanked line than one that has undergone a "total abandonment," as the federal government guarantees the railroad the full rights to reactivate it. A railbanked line can be reopened within a year's time while an abandoned corridor could take years to be reactivated, if it was even possible. In railbanking, the government helps fund the line's rebuild. In the 25-year period from 1983 to 2008, 14,184 miles (22,827km) of railroad have been abandoned.[2] Of that, 8,056.5 miles (12,965.7km), representing 56.8% of the lines abandoned in the past 25 years, were originally negotiated for railbanking agreements.[2]
Twenty-one percent of those railbanking agreements failed; that is, they were ultimately abandoned. Of those 8,056.5 miles (12,965.7km) originally negotiated, 5,079 miles (8,174km) actually reached a railbanking agreement, representing 35.8% of the lines abandoned during the 25-year period.[2] The remaining 43.2% of the lines, representing 6,127.5 miles (9,861.3km), were lines that railroads never considered trying to have railbanked, and were abandoned in their entirety. In total, 9,105 miles (14,653km) of the 14,184 miles (22,827km) abandoned during the 25-year period were not railbanked (64.2%).[2] Some railroads refuse to railbank lines, and instead sell the land in parcels to the surrounding landowners.[2]
Since railbanking began in 1983, less than twenty railbanked corridors have been approved for reactivation by the Surface Transportation Board (STB). Some of these reactivated corridors had only short sections reactivated, while others had the entire corridor reactivated.[3] Railbanked corridors are usually utilized as multi-use recreational trails for cyclists, walkers, joggers, snowmobiling, cross country skiing, and horseback riding.[2][4][5][6][7]
The land over which railways pass may have many owners—private, rail operator, or governmental—and, depending on the terms under which it was originally acquired, the type of operating rights may also vary. Without railbanking, on closure, some parts of a railway's route might otherwise revert to the former owner. The owner could reuse them for any purpose, or modify the ground conditions, potentially prejudicing the line's future reuse if required. However, the landowner must agree to keep the infrastructure such as bridges and tunnels intact.
Approximately 85% of the railroad rights-of-way in the United States[8] were acquired by easement from the then-abutting property owners. Normally, when the use for an easement is abandoned, the easement is extinguished and the land is not burdened by this adverse use. In 1983, Congress passed what is now known as the federal Rails-To-Trails law codified as 16 U.S.C. 1247(d). The federal law took the property rights of property owners throughout the United States for rail trails. Several property owners sued the government as the law took property without compensation. In 1990, the United States Supreme Court ruled that the property owners were entitled to compensation for the land taken for these rail trails.[9] In 1996, the plaintiff was awarded $1.5 million as compensation for the land taken for a trail through his property (see Preseault v. U.S., 100 F3d 1525, Fed. Cir. [1996]).
The state of Connecticut has taken a proactive approach to preserving railway rights-of-way. Since the 1970s, Connecticut Department of Transportation policy has been to acquire abandoned rail lines for preservation. This has contributed to the majority of railroad mileage in Connecticut being publicly owned, between the state and Amtrak.[10] Today, this policy continues; the State will purchase any right-of-way that shows future potential for transportation, when the property becomes available.[11] CDOT has subsequently transferred 60 miles of right-of-way to the Connecticut Department of Energy and Environmental Protection for use in rail trails, and CDEEP itself has independently obtained another 50 miles (22 of which are used for the Valley Railroad). A provision of this transfer is that CDOT is allowed to retake ownership of a right-of-way when needed for transportation purposes.[11] Because of this, Connecticut is one of the only states where railbanked corridors have a reasonable chance of reactivation (should there be a need to), where elsewhere local opposition from trail users and property abutters would be able to directly influence a municipally-owned right-of-way.
Often, most of or all infrastructure is removed regardless to future use. Laws have been passed to remove infrastructure, in some cases. For example, in the Commonwealth of Pennsylvania, a law was made to remove all unused railroad overpasses.[2] Another example is a natural disaster. If a flood washes away a railbanked railroad bridge, that is beyond the owner's control. The local, state, and Federal governments could give some financial help for the railroad to rebuild any infrastructure that may have been damaged or destroyed during the time that it was unused.[2]
A single section of a route changed in this way could have serious consequences for the viability of a restoration of a service, with the costs of repurchasing the land or right-of-way or of restoring the site to its former condition outweighing the economic benefit. Over the full length of a railway's route with many different owners, the reopening costs could be considerable. In 2017 the STB ruled that Neosho County in Kansas violated the Trails Act when it foreclosed on and sold three parcels of railbanked land where each spanned the full width of the right-of-way.[12] The county's sales of the parcels were preempted by federal law and were vacated to keep the rail line available for reactivation.[13]
By designating the route as railbanked, these complications are avoided and the costs of maintaining a right-of-way are removed from the railway operator. In the United States, land transferred to rail banks is held by local, state or federal governments and many railbanked rail corridors have been reused as trails.
In the United Kingdom
In the United Kingdom, thousands of miles (kilometers) of railway were closed under the Beeching Axe cuts in the 1960s and while several of these routes have subsequently been reopened, none were formally treated as land banks in the US manner. The Beeching closures were driven by the government's desire to reduce expenditure on railways, and so most lines were offered for sale to the highest bidder, a process which frequently led to great fragmentation in the ownership of former UK railway lines and reuse of the land for entirely different purposes. The Ryle Telescope on the former Oxford–Cambridge Varsity Line is possibly the most extreme example, but commercial and residential developments are common.
The American Tobacco Trail (ATT) is a 22.6-mile (36.4 km) long Rails-to-Trails project located in the Research Triangle region of North Carolina, running along an abandoned railroad bed originally built for the American Tobacco Company in the 1970s. The route crosses through portions of Durham County, Chatham County, and Wake County. The ATT is part of the East Coast Greenway and is open to pedestrians, cyclists, equestrians and other non-motorized users.
The Katy Trail State Park is a state park in the U.S. state of Missouri that contains the Katy Trail, the country's longest continuous recreational rail trail. It runs 240 miles (390 km), largely along the northern bank of the Missouri River, in the right-of-way of the former Missouri–Kansas–Texas Railroad. Open year-round from sunrise to sunset, it serves hikers, joggers, and cyclists. Its hard, flat surface is of "limestone pug".
The Minuteman Bikeway, also known as the Minuteman Commuter Bikeway, is a 10-mile (16-kilometre) paved multi-use rail trail located in the Greater Boston area of Massachusetts. It runs from Bedford to Alewife station, at the northern end of the Red Line in Cambridge, passing through the towns of Lexington and Arlington along the way. Also along the route are several notable regional sites, including Alewife Brook Reservation, the Cyrus Dallin Art Museum, Spy Pond, "Arlington’s Great Meadows", the Battle Green in Lexington, and Hanscom Air Force Base.
A rail trail is a shared-use path on a railway right of way. Rail trails are typically constructed after a railway has been abandoned and the track has been removed but may also share the right of way with active railways, light rail, or streetcars, or with disused track. As shared-use paths, rail trails are primarily for non-motorized traffic including pedestrians, bicycles, horseback riders, skaters, and cross-country skiers, although snowmobiles and ATVs may be allowed. The characteristics of abandoned railways—gentle grades, well-engineered rights of way and structures, and passage through historical areas—lend themselves to rail trails and account for their popularity. Many rail trails are long-distance trails, while some shorter rail trails are known as greenways or linear parks.
Rails-to-Trails Conservancy (RTC) is an American nonprofit organization based in Washington, D.C., that works with communities to preserve unused rail corridors by transforming them into rail trails within the United States. RTC's purpose is to create a nationwide network of trails from former rail lines and connecting corridors.
The San Joaquin Valley Railroad is one of several short line railroad companies and is part of the Western Region Division of Genesee & Wyoming Inc. It operates over about 371 miles (597 km) of owned or leased track primarily on several lines in California's Central Valley/San Joaquin Valley around Fresno and Bakersfield. The SJVR has trackage rights over Union Pacific between Fresno, Goshen, Famoso, Bakersfield and Algoso. The SJVR also operated for the Tulare Valley Railroad (TVRR) from Calwa to Corcoran and Famoso.
The Newton Lower Falls Branch was a short branch of the Boston and Albany Railroad in Massachusetts, United States. The approximately 1.2-mile (1.9 km) line ran between Riverside station in Newton and Lower Falls in Wellesley, with one intermediate station.
The Torrey C. Brown Rail Trail (TCB), formerly and popularly known as the Northern Central Railroad (NCR) Trail, is a rail trail that runs along a former Northern Central Railway corridor in Baltimore County, Maryland, United States. The trail extends 19.7 miles from Ashland Road in Cockeysville to the Mason–Dixon line, where it becomes the York County Heritage Rail Trail and continues to York, Pennsylvania.
The Lower Trail is a 16.5-mile (26.6 km) rail trail that follows the Juniata River in West-Central Pennsylvania from Flowing Springs in Blair County to Alfarata in Huntingdon County. The Lower Trail is owned and maintained by Rails to Trails of Central Pennsylvania, a 501c3 organization. The trail follows the path of the former Pennsylvania Railroad Petersburg Branch along the Frankstown Branch of the Juniata River. It is open free of charge to the public, though donations are accepted at all trail heads. The portion of the Lower Trail from Alfarata to Williamsburg is part of the Pennsylvania Mid State Trail and Great Eastern Trail. In 2009, the trail was designated as a National Recreation Trail by the United States Department of the Interior.
The Klickitat Trail is a 31-mile (50 km) rail trail along the Klickitat River in southern Washington in the Columbia River Gorge. The cycling and hiking trail offers river and canyon views throughout its length. It follows an old railroad corridor that at one time linked the towns of Lyle and Goldendale.
The Moosup Valley State Park Trail is a rail trail located on the railbed of a former New York, New Haven and Hartford Railroad line in the New England towns of Plainfield and Sterling in Windham County, Connecticut. The line ran from 1898 until 1968. The rail line was abandoned in the late 1960s, and was designated by the state as a multi-use trail in 1987. The trail is owned and operated by the Connecticut Department of Energy and Environmental Protection.
The Queen Anne's Railroad was a railroad that ran between Love Point, Maryland, and Lewes, Delaware during the late 19th and early 20th Century. It connected to Baltimore via ferry across the Chesapeake Bay, to Cape May, New Jersey via a ferry across the Delaware Bay and to Rehoboth Beach, Delaware via another railroad. It was the last major railway built on Maryland's Eastern Shore. The rail line changed owners several times during its history. In the 20the century, the railway struggled to compete with the automobile and service was cutback. Over time, sections of the railroad were abandoned.
The New Haven and Northampton Railroad was a railroad originally built alongside a canal between 1847 and 1850 in Connecticut. Leased by the New York and New Haven Railroad from 1849 to 1869, the railroad expanded northwards to Massachusetts and its second namesake city in 1859. Upon the end of the lease in 1869, the company expanded further into Massachusetts, reaching as far north as Shelburne and Turners Falls.
The Camp Chase Railway is a short-line switching and terminal railroad in and near Columbus, Ohio, United States, running past the former Camp Chase. The company was formed as the Camp Chase Industrial Railroad in 1994 as a spin-off of Conrail. Through trackage rights, the railroad interchanges with Norfolk Southern Railway and CSX at Buckeye Yard. The Camp Chase bike trail follows alongside the railroad for 12 miles and is one the few trails in the United States that runs within an active railroad right-of-way.
Rails with trails (RWT) are a small subset of rail trails in which a railway right-of-way remains in use by trains yet also has a parallel recreational trail. Hundreds of kilometers of RWTs exist in Canada, Europe, the United States, Australia, and the United Arab Emirates.
An abandoned railroad is a railway line which is no longer used for that purpose. Such lines may be disused railways, closed railways, former railway lines, or derelict railway lines. Some have had all their track and sleepers removed, and others have material remaining from their former usage.
The Dawkins Line Rail Trail is an 18-mile (29.0 km) rail trail in Johnson and Magoffin Counties in Kentucky. The multi-use trail, suitable for biking, walking, and horseback riding, occupies an abandoned rail corridor that was constructed in the early 20th century for the Dawkins Lumber Company. It is the longest rail trail in Kentucky.
Marvin Brandt Revocable Trust v. United States, 572 U.S. 93 (2014), was a United States Supreme Court case in which the Court held that a railroad right-of-way granted under the General Railroad Right-of-Way Act of 1875 is an easement. Therefore, when a railroad abandons such a right-of-way, the easement disappears, and the land owner regains unburdened use of the land.
The Northeast Texas Trail (NETT) is a planned 130+-mile multi-use trail along the route, following alongside U.S. Highway 82 and Texas State Highway 34. When complete, the trail will connect 19 cities spread over seven counties, stretching from the edge of the Dallas–Fort Worth metroplex to the Texarkana metropolitan area along the Arkansas border.
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