Rails-to-Trails Conservancy Defends Railbanking
WASHINGTON, D.C. — July 14, 2006

Rails-to-Trails Conservancy gave testimony (60k) at a Congressional hearing on July 13, 2006 about proposed legislation affecting the Rails to Trails Act of 1983. At issue is the "railbanking" law that authorizes the federal government to preserve unused railroad corridors through use as trails.

The hearing addressed H.R. 4581 , a bill introduced by Congressman Akin (R-Mo) in December, 2005. Mr. Akin and other members of Missouri's Congressional delegation have touted this bill as a way to help Missouri landowners who lost a court claim for compensation of lost property interests. The court found that the landowners had waited too long to make a claim.

While there are special circumstances that might justify revival of the Missouri landowner's claim, H.R. 4581 is not the right solution. The bill would amend the federal railbanking law and open the door to much bigger threats to our beautiful rail-trail system. The unique Missouri case can be resolved without taking such overly broad action.

By opening the railbanking statute to changes, the bill also could become a means for rail-trail opponents in Congress to undermine the railbanking program. For example H.R.1261 , currently pending in Congress, aims to prevent use of completed new rail-trails so long as there are any pending disputes in court relating to property interests in the trail. That could mean many years of delay.