DNR begins $30 Million Monon South Trail Development

[ancjr]

They are not supposed to be able to sell the ROW. If the property is no longer to be used for the purpose the ROW was established, then the property was supposed to be returned to property owners. That's the reason for discontinuance instead of abandonment. To many landowners don't realize they have a right to the property.

If they want to establish a new ROW then they need to start the process over, not purchase someone else's ROW.

Thanks to Reagan (he was great, but not perfect) signing it into law, they can do exactly that.

 

[Jaybird1980]

Thanks to Reagan (he was great, but not perfect) signing it into law, they can do exactly that.

Well that's not exactly clear, because the Supreme Court ruled otherwise.

 

[ancjr]

Well that's not exactly clear, because the Supreme Court ruled otherwise.

I thought they just ruled that the landowners had a right to compensation. Didn't think it changed anything about being able to preempt them.

 

[Jaybird1980]

I thought they just ruled that the landowners had a right to compensation. Didn't think it changed anything about being able to preempt them.

That's how I take this part of it.

When the railway abandoned the right of way, the easement terminated and defendant’s land became unburdened of the easement, conferring on him the same full rights over the right of way as he enjoyed over the rest of his parcel.

 

[ancjr]

I got behind on mowing the ROW last year and a rat built a nest in all the mess. It came in the house and got in the insulation in our range and died after it had stripped all the wiring. That's pretty much why I'd like to know who is responsible. But I found out no one cares.

 

[ancjr]

They can maintain a health hazard and attractive nuisance because they're the govt.

 

[ancjr]

That's how I take this part of it.

When the railway abandoned the right of way, the easement terminated and defendant’s land became unburdened of the easement, conferring on him the same full rights over the right of way as he enjoyed over the rest of his parcel.

I agree with that interpretation, and was established state and federal law until March 1983.

 

[Jaybird1980]

I agree with that interpretation, and was established state and federal law until March 1983.

I believe that was from the case in 2014.

 

[ancjr]

I believe that was from the case in 2014.

Like ingomike said, if the rail-to-trail method fails, they'll just try eminent domain. Unless a higher power intervenes, that is.

 

[jamil]

Looks like it will run next to my club's outdoor range!

Silver creek? Yeah. Goes right by there.

 

[jamil]

Sorry to tell you pal, but the utopia you seek will never come to pass on this earth.

The rising tide lifts ALL boats, but that tide does not force those that do not want to be lifted to go along, they can continue to sink their own boat.

Property values rise for property owners, check.

Better and safer jobs are available, check.

Cleaner and safer living environments, check.

Gentrification is a woke term…

Utopia I seek? I’m not the one wanting to take land from people to build utopias out of **** holes.

But. **** the renters who are priced out of the area? You said everyone wins. How do they go about collecting their winnings? **** the poor is pretty much what all the gentrifiers say.

 

[DoggyDaddy]

Like ingomike said, if the rail-to-trail method fails, they'll just try eminent domain. Unless a higher power intervenes, that is.

I know the troubles you've had with the abandoned railway. Would it not be better if someone were to take it over and maintain it so that you don't have to?

 

[ancjr]

I know the troubles you've had with the abandoned railway. Would it not be better if someone were to take it over and maintain it so that you don't have to?

Its supposed to have a custodian right now. The drainage system for it has filled in with mud and now I have mud flows that come every time it rains.

If it were mine, I could fix it. Since it isn't, I can't.

 

[DoggyDaddy]

Its supposed to have a custodian right now. The drainage system for it has filled in with mud and now I have mud flows that come every time it rains.

Right, but I'm guessing the people maintaining the trail (if it comes to pass) wouldn't want that, so there would be an incentive for them to address the problem. I'd imagine they would want the brush cleared and trash cleaned up too. It seems like you would benefit from that if so.

 

[Jaybird1980]

I know the troubles you've had with the abandoned railway. Would it not be better if someone were to take it over and maintain it so that you don't have to?

The ones around here are not maintained outside of city limits. It takes a lot of complaining and then they will just push the trash and whatever else off of the pathway into the weeds, just like they do with the roadways. The county doesn't have the money or manpower to maintain them.

 

[DoggyDaddy]

I mean, wouldn't you rather have this...



Than this?

 

[DoggyDaddy]

The ones around here are not maintained outside of city limits. It takes a lot of complaining and then they will just push the trash and whatever else of of the pathway into the weeds, just like they do with the roadways. The county doesn't have the money or manpower to maintain them.

Well that's unfortunate for sure.

 

[ancjr]

I mean, wouldn't you rather have this...

View attachment 252191

Than this?

View attachment 252192

It looks like that because its in limbo. Once it was no longer bound by "tragedy of the commons" I promise you I can fix it and keep the perverts, thieves and druggies out.

 

[GodFearinGunTotin]

I mean, wouldn't you rather have this...

View attachment 252191

Than this?

View attachment 252192

If it were my property? I’ll take the second one all day long and twice on Sunday’s.

 

[DoggyDaddy]

If it were my property? I’ll take the second one all day long and twice on Sunday’s.

Yeah, that wasn't the best pic to make my point. I didn't search long enough to find a rat and crackhead infested abandoned railway.