H.R.2438 - To encourage the establishment of appropriate trails on abandoned railroad rights-of-way, while ensuring the protection of certain reversionary property rights.105th Congress (1997-1998)
Summary: H.R.2438 — 105th Congress (1997-1998)
Introduced in House (09/09/1997)
Amends the National Trails System Act to: (1) delete provisions prohibiting the interim use of any established railroad rights-of-way for historic or recreation trails under such Act from being treated as abandonment of the use of such rights-of-way for railroad purposes; and (2) authorize the Surface Transportation Board, if a State, political subdivision, or qualified private organization is prepared to assume full responsibility with respect to the portion of any railroad right-of-way donated, transferred, leased, or otherwise conveyed for use for establishment of such a trail, for its management, for any legal liability arising out of such right-of-way, and for the payment of any and all taxes that may be levied or assessed against such rights-of-way, to impose such terms and conditions as a requirement of any transfer or conveyance for interim use in furtherance of the national policy to preserve established railroad rights-of-way for future reactivation of rail service.
States that such Act shall not preempt State law with respect to the establishment of, and rights incident to, an easement, right-of-way, or other property interest in land.