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San Francisco Chronicle
21 hours ago
- Business
- San Francisco Chronicle
Marin-Sonoma rail corridor expansion faces ‘existential threat' from lawsuit
The long-planned expansion of a hiking and biking pathway parallel to the North Bay commuter rail is facing a legal challenge from landowners who aren't keen on the trail cutting through their backyards. Sonoma-Marin Area Regional Transit, or SMART, has already constructed more than 39 miles of trail alongside its commuter rail tracks. The agency's ultimate goal is a multi-use pathway that runs the 70-mile length of the entire SMART corridor, which winds north from Larkspur in Marin County. The train currently goes only as far north as Windsor; a station in Healdsburg is slated to open in 2028, followed later by Cloverdale, the planned end of the line. SMART says it provides a way for people to access its 14 stations without needing to use a car. When completed, the pathway would also form the southern leg of the Great Redwood Trail, which could someday connect San Francisco Bay and Humboldt Bay. More than 130 plaintiffs sued SMART in 2021, accusing the agency of building its pathway on their properties without permission, by overstepping a series of 19th century easement agreements which allowed predecessor railroads to use the land for 'railroad purposes' only. After a judge dismissed about 100 of those claims, SMART paid $612,000 to settle the lawsuit with the remaining plaintiffs early last year. Now, however, about 65 of the plaintiffs whose claims had been dismissed have moved to proceed with the litigation. These plaintiffs, who own land along planned or newly-constructed stretches of the trail, argue that they should be compensated as the pathway extends. SMART spokeswoman Julia Gonzalez said the agency was notified of the second lawsuit, which has not been previously reported, on May 27. 'That's a real kind of existential threat to the remaining path system for SMART going forward,' David Rabbitt, who sits on SMART's Board of Directors, said at a meeting of the Golden Gate Bridge Highway and Transportation District's board last month. The plaintiffs are represented by a Sacramento attorney, as well as a Kansas City-based law firm that specializes in securing compensation for 'landowners whose property is taken for recreational trails.' Those cases often pertain to the National Trails System Act, which created a program to convert abandoned rail corridors into public trails in 1983. Under that process, known as 'railbanking,' the responsibility for compensating eligible landowners falls to the federal government. But SMART isn't interested in railbanking because its rail corridor isn't abandoned — it's an active line, and the agency says pedestrian pathways are key to its services. 'SMART's rail corridor remains fully active for passenger and freight rail service and has been in continuous use since the District began service in 2017,' Gonzalez said. 'The pathway, located within SMART's existing, active rail corridor, is a public transit asset that integrates with rail operations and supports rather than replaces rail service.' Thomas Stewart, an attorney with the Kansas City practice Stewart, Wald and Smith, said the agency was trying to 'have their cake and eat it too' by applying its easement to both train and pedestrian services. 'If you're not using (the corridor) for railroad purposes and you're putting a totally different use on top of that railroad purposes easement, then you have, in essence, changed the use,' Stewart said. 'That's a violation of the terms of the original easement and you're responsible for whatever damages there are.' Stewart said the case could go to trial in February unless the plaintiffs secure a settlement. If a judge rules against SMART, the agency would still be able to complete its pathway, he said, but only after paying landowners a 's—load of money.' SMART maintains that its pathway serves the 'railroad purpose' required by the easement agreement — it provides 'critical first- and last-mile connections' by helping walkers and bikers bridge the gaps between stations. 'We believe this lawsuit is less about protecting property rights and more about seeking settlements from public agencies — with taxpayers ultimately bearing the cost,' Gonzalez said. 'Although SMART believes it has the right to construct the pathway within its rail corridor, to resolve the issue and avoid prolonged legal costs, SMART has initiated a process to clarify (the new plaintiffs') property title and, where appropriate, offer fair compensation for pathway use within SMART's existing active rail corridor.' Gonzalez declined to comment further on the open litigation, but she stressed that the agency would continue to prioritize pathway construction. Advocates, however, have concerns about what a compensation policy could mean for the ambitious expansion SMART has planned. Warren Wells, the policy and planning director of the Marin County Bicycle Coalition, wants to see the pathway completed promptly — and he worries that any strain on the project's funds could create additional delays. SMART's expansion has been cramped by cash constraints, especially after North Bay voters rejected a 2020 sales tax measure intended to give the agency a boost. The agency's reliance on grant funds has left gaps in the trail that frustrate bikers and pedestrians. 'Someone trying to get around by bicycle might have a stretch of really great multi-use path, and then all of a sudden you're riding on the shoulder of a busy four-lane road,' Wells said. 'Failure to deliver complete networks scares people out of riding bikes, pushes them into driving cars and adds more traffic. So I think SMART's goal of building a large and complete network is important.'
San Francisco Chronicle
31-05-2025
- Business
- San Francisco Chronicle
Enthusiasm ‘sky high' as Sonoma-Marin rail service expands northward
After 67 years, a train rolled out of the city of Windsor on Saturday, with 80 souls aboard. It was the Sonoma-Marin Area Rail Transit District's latest expansion of a transit route that snakes from Larkspur in Marin County to Healdsburg and Cloverdale in Sonoma County. The train system sits on refurbished tracks of the Northwestern Pacific Railroad, which last carried passengers in 1958. State lawmakers created the SMART district in 2002, but the rail service did not start carrying passengers along a 43-mile section of rail until 2017 — but that didn't include the route's three northernmost stations in Windsor, Healdsburg and Cloverdale. In the years since, the district has been working to extend service north, SMART spokesperson Julia Gonzalez said. 'It's taken years to secure funding to complete this northern section,' Gonzalez said. 'That's what made today particularly meaningful — the opening of the first stations of the northern extension.' While many transit systems around the U.S. have struggled to regain ridership that fell off during the COVID pandemic, Gonzalez said SMART rail use has grown significantly — and this month reached more than 1 million rides over the past fiscal year. The SMART dIstrict's rail service involved refurbishing the old tracks once used by the Northwestern Pacific Railway's freight trains and replacing wood ties with concrete ones, which allowed trains to run up to 80 mph. SMART also had to rebuild and renovate former station buildings in Petaluma, Healdsburg and Windsor, replace a century-old bridge with a newer one, and obtain federal authorization to run trains on the moribund tracks. Residents voted to fund the railway's construction in 2008. The district completed a 43-mile route between Northern Santa Rosa and downtown San Rafael in mid-2017 and extended service to Larkspur in late 2019. District officials say they hope to open Healdsburg's station in 2028 and later extend service to Cloverdale, a small town near the Sonoma-Mendocino counties' border. The agency has no estimated timeline for a Cloverdale station to open. On average, 3,500 to 4,000 riders per day travel SMART, said Gonzalez, adding that Windsor could see as many as 500 passengers a day. The agency has yet to meet its projected ridership of 5,100 daily riders, the Marin Independent Journal reported, with the pandemic setting back early progress. On Saturday, the first train departed from Windsor at 7:12 a.m., Gonzalez said, with the last arriving at the station at 9:07 p.m. Saturday's start of service to Windsor corresponded with the SMART district's opening of the multiuse pathway that runs adjacent to the railroad tracks, part of a 307-mile protected path for runners and cyclists that will ultimately connect San Francisco Bay and Humboldt Bay. Gonzalez and other SMART officials are hoping that ridership will include visitors to Sonoma County's vineyards and wineries, as well as students traveling to school and commuters heading to jobs in Petaluma, Larkspur or as far as San Francisco by way of the rail service's connection to the ferry terminal in Larkspur. Foot traffic into the Windsor Chamber of Commerce & Visitors Center was about three times higher than normal Saturday, said Denyce Carrillo, the center's visitor coordinator. 'Enthusiasm is just sky high,' she said. Carrillo said she spent much of Saturday morning and early afternoon greeting visitors who'd arrived in town on the train, many asking about tasting rooms and restaurants. 'It's encouraging and delightful to see this much enthusiasm and excitement,' she said. 'Particularly because it's not just from locals but from visitors as far away as Larkspur and Marin.' SMART plans a grand opening for the station and service extension on June 13.
