SB 588 — Relating to WV Rails to Trails Program

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COMMISSION  JOINT  RULES  STAFFAdopted INFORejected BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO.

NEWS RELEASES HELPFUL LINKS SB588 SUB1 « Senate Bill 588 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:

Green = existing Code.

Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 588 By Senators Trump, Lindsay, Baldwin, Stollings, Plymale, and Woodrum [Originating in the Committee on the Judiciary;

reported on February 22, 2022]     A BILL to amend and reenact §5B-1A-1, §5B-1A-2, §5B-1A-3, §5B-1A-4, §5B-1A-5, §5B-1A-6, and §5B-1A-9 of the Code of West Virginia, 1931, as amended, all relating to establishing the West Virginia Rail Trails Program consisting of rail-to-trail and rail with trail programs;

updating definitions to include a definition of “rail with trail;” expanding State Rail Authority to acquire railroad rights-of-way and land for both trail programs;

clarifying that rail-to-trail program may not unreasonably limit ability to restore rail service on railroad rights-of-way;

and expanding limitation of and exception to liability to railroad owners under certain circumstances.

Be it enacted by the Legislature of West Virginia:

ARTICLE 1A.

WEST VIRGINIA RAILS TO RAILTRAILS PROGRAM.

§5B-1A-1.

Purpose of program.

The Legislature hereby declares that the long-term value to the public of retaining networks of abandoned railroad corridor lines is substantial, not only for the preservation of corridors for future rail transportation uses, but in terms of providing interim recreational use, providing public open space and linking together other community areas and recreational spaces, providing for efficient and convenient placement of underground utilities and telecommunication lines, providing environmental greenways and wildlife habitat, providing public access to other forms of recreation, and improving economic development opportunities associated with all of the above listed multiple uses.

§5B-1A-2.

Rails to Rail trails program.

There is continued within the State Rail Authority provided for §29-18-1 et seq.

of this code the West Virginia Rails to Rail Trails Program, the purpose of which is to acquire or assist with the acquisition of and to develop or assist with the development of, abandoned railroad rights-of-way for interim use as public nonmotorized recreational trails.

§5B-1A-3.

Definitions.

As used in this article:

(1) “Abandoned railroad rights-of-way” means land on which discontinuance of rail service has been authorized by the interstate commerce commission federal Surface Transportation Board pursuant to the Surface Transportation Board Reauthorization Act of 2015, Public Law 114-110.

(2) “Division” means the Division of Tourism and parks.

(3) (2) “Nonmotorized recreational trail use” means bicycle, hiking, cross-country skiing, horseback riding, horse drawn wagon, jogging, or other similar activities.

(4) (3) “Rail bank” means the holding intact of an abandoned railroad right-of-way for future railroad service.

(5) (4) “Rail-to-trail” means an abandoned railroad right-of-way utilized in the interim as a public nonmotorized recreational trail.

(5) “Rail with trail” means a shared-use path or trail open and developed for nonmotorized recreational use by the public that is located on or adjacent to the rights-of-way of an active railroad.

§5B-1A-4.

Powers and duties of the authority.

The State Rail Authority is authorized to may:

(1) Enter into agreements with any person on behalf of the state to acquire an interest in any abandoned or active railroad right-of-way, to develop, maintain, or promote any rail-to-trails or rail with trails created pursuant to the provisions of this article and, with the consent of the director of the Division of Natural Resources, to transfer the maintenance and operation of rail trails created and developed to the Division of Natural Resources.

(2) Assist any political subdivision or any person in acquiring an interest in any abandoned railroad right-of-way and in developing, maintaining or promoting rail-to-trails or rail with trails.

(3) Evaluate existing and potential abandoned railroad rights-of-way so as to identify such suitable lands as may be suitable for nonmotorized recreational trail use.

(4) Establish state rail-to-trails or rail with trails, subject to the limitations on acquisition of land for state recreational facilities, as set forth in §20-1-20 this code.

§5B-1A-5.

Powers to hold and acquire real property.

(a) The State Rail Authority shall hold fee simple title or any lesser interest in land, including easements and leaseholds, on all abandoned railroad rights-of-way acquired by the state and utilized used for interim nonmotorized recreational trail use pursuant to the provisions of this article.

The State Rail Authority may, at the option of a political subdivision of this state, hold fee simple title or any lesser interest in land, including easements and leaseholds, on all abandoned railroad rights-of-way acquired by such political subdivision and utilized used for interim nonmotorized recreational trail use.

Any provision of article §20-1A-1 et seq.