Landowners to be Briefed on Legacy Parks Rail-Trail Project in South Knoxville
On December 11, 2024, Knoxville & Holston River Railroad Company, Inc. filed a petition to abandon 3.8-miles of its railroad corridor with the intent of converting the corridor to a rail-trail. The city of Knoxville plans to partner with the Legacy Parks Foundation to create the rail-trail. SWS is scheduled to meet with landowners whose properties are adjacent to this portion of the railroad corridor to discuss the rail-trail plans and their property rights.
The Trails Act permits the conversion of abandoned railroad corridors into nature and hiking trails, which simultaneously preserves the corridors for future use. The practice is known as railbanking and can prevent the land within the abandoned railroad corridor from reverting to the adjoining landowners. It grants the trail sponsor a new recreational trail easement, thereby blocking the rights of landowners to reclaim the property within the corridor.
The city must request use of the corridor as a rail-trail with the United States Surface Transportation Board (“STB”), which is the government agency that regulates surface rail transportation in the United States. The STB would then issue a Notice of Interim Trail Use, which would authorize the trail conversion and potentially result in the triggering of a claim for monetary damages in favor of landowners.
Stewart, Wald & Smith will be holding informational meetings for interested landowners on January 1, 2025 at 5:00 p.m, January 2, 2025 at 9:00 a.m., 1:00 p.m., and 5:00 p.m., and January 3, 2025 at 9:00 a.m. at Hampton Inn & Suites Knoxville Downtown, Rocky Top Boardroom, 618 W. Main Street, Knoxville, TN 37902.
Michael Smith
Stewart Wald and Smith, LLC
+ +1 314-720-0220
smith@swslegal.com
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