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Woodsy · 11-24-2009, 12:35 PM

I think the SDS folks have a serious uphill battle to block or reroute the WOW trail.... for a few of reasons.

1. If the city easement for recreational path is in fact shown on the plot plan on file and mentioned in the planning and zoning board meeting minutes etc, there will be little SDS can do to invalidate that easement... especially if that easement was part & parcel to getting the project approved! In fact if the easement is found to be valid it may very well HURT the SDS claims. The RR corridor is approx 66'... the city owned recreational path easement may add to that width.... property that SDS currently claims ownership.

2. The WOW trail as currently configured sits within the 66' wide state owned railroad corridor. It does not impinge on SDS property at all. Unfortunately for SDS this is an active rail corridor, so the state has never reliquished any rights to the RR corridor. This will prevent SDS claiming any "squatter" type rights and try to block the trail that way...

3. The use of the rail corridor in the wintertime by snowmobiles & cross country skiers already sets a precedent for public use/crossing in front of SDS.

4. Lets not forget the state can refuse to renew the lease on the SDS waterfront if they really wanted to play hardball!

Judging from whats been published in the papers, it seems SDS best chance of blocking the path for the trail is to complain about POSSIBLE loss of property values, POSSIBLE crime, POSSIBLE trash and POSSIBLE upkeep?? Not really the best legal grounds....

Given the unlikely chance of successfully blocking the WOW trail from crossing in front of SDS and the exorbitant cost to mount such an opposition, I would negotiate to minimize the visual & economic impact on SDS... and instead market the WOW trail as a positive thing for member of the SDS community.

Woodsy

PS: While I am a fan of the WOW trail, I am not a fan of the stoopid rail fence either! I am pretty sure though that fence requirement was dropped when the legislature passed a bill indemnifying the railroads.....

11-24-2009, 12:35 PM	#108
Woodsy Senior Member Join Date: May 2004 Location: Weirs Beach Posts: 1,974 Thanks: 80 Thanked 984 Times in 443 Posts	I think the SDS folks have a serious uphill battle to block or reroute the WOW trail.... for a few of reasons. 1. If the city easement for recreational path is in fact shown on the plot plan on file and mentioned in the planning and zoning board meeting minutes etc, there will be little SDS can do to invalidate that easement... especially if that easement was part & parcel to getting the project approved! In fact if the easement is found to be valid it may very well HURT the SDS claims. The RR corridor is approx 66'... the city owned recreational path easement may add to that width.... property that SDS currently claims ownership. 2. The WOW trail as currently configured sits within the 66' wide state owned railroad corridor. It does not impinge on SDS property at all. Unfortunately for SDS this is an active rail corridor, so the state has never reliquished any rights to the RR corridor. This will prevent SDS claiming any "squatter" type rights and try to block the trail that way... 3. The use of the rail corridor in the wintertime by snowmobiles & cross country skiers already sets a precedent for public use/crossing in front of SDS. 4. Lets not forget the state can refuse to renew the lease on the SDS waterfront if they really wanted to play hardball! Judging from whats been published in the papers, it seems SDS best chance of blocking the path for the trail is to complain about POSSIBLE loss of property values, POSSIBLE crime, POSSIBLE trash and POSSIBLE upkeep?? Not really the best legal grounds.... Given the unlikely chance of successfully blocking the WOW trail from crossing in front of SDS and the exorbitant cost to mount such an opposition, I would negotiate to minimize the visual & economic impact on SDS... and instead market the WOW trail as a positive thing for member of the SDS community. Woodsy PS: While I am a fan of the WOW trail, I am not a fan of the stoopid rail fence either! I am pretty sure though that fence requirement was dropped when the legislature passed a bill indemnifying the railroads..... __________________ The only way to eliminate ignorant behavior is through education. You can't fix stupid.