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San Francisco Chronicle
5 days 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.'
Yahoo
09-04-2025
- Business
- Yahoo
Landowners near Knoxville ‘rail-to-trail' project file lawsuits seeking compensation
KNOXVILLE, Tenn. (WATE) — Landowners along a 3.8-mile stretch of railroad tracks in South Knoxville that the city aims to convert into a greenway are suing the federal government. The intent is not to stop the project, but rather to seek compensation for the landowners under longstanding federal law. In December, the city and Legacy Parks Foundation announced plans to convert the seldom-used stretch of railway into a nature and hiking trail through the National Trails System Act. Two law firms have filed federal lawsuits on behalf of landowners, arguing federal approval of the project could entitle landowners to monetary compensation. PREVIOUS: New Rail-to-Trail project hopes to spur growth in South Knoxville During the proliferation of railroads in the 1800s or early 1900s, railroad companies would make agreements with landowners during the creation of these railway corridors. If the land was not purchased outright by the company through imminent domain, many would acquire the right to use land for railroad purposes by receiving an easement. Easements preserved a landowner's rights to take the land back if the railroad company were to abandon the corridor. Since Gulf and Ohio Railways has applied for abandonment of the property of the South Knoxville rail line with the intent of offering it up for the greenway project, neighboring landowners could be entitled to compensation if Gulf and Ohio Railways acquired its use through an easement. TN bill would roll back state-level protections of wetlands in favor of developers The Fifth Amendment of the U.S. Constitution states that the federal government cannot take private land from landowners for public use without paying just compensation. ▶ See more top stories on Landowners have a limited period of time to file a claim. Both law firms are set to hold meetings this month for potential plaintiffs. Lewis Rice LLC will host meetings on Wednesday, April 16 at 5:30 p.m. & Thursday, April 17 at 9 a.m. and 12 p.m. at Kern's Food Hall- 2201 Kern's Rising Way Stewart, Wald & Smith will be holding informational meetings on Wednesday, April 16, at 5:30 p.m. & Thursday, April 17 at 9:00 a.m. at Hampton Inn & Suites, Knoxville- Downtown, Rocky Top Boardroom, 618 W Main St. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
