[jetskier]

Originally Posted by Major

Just a couple of points to clarify. The recorded documents do exist. They show the rail and the ROW. The documents supporting the development proposal to the City do not exist. It is these documents that may (or may not) shed light on whether a walking/biking trail was contemplated, or, more important to me although the ship has sailed, whether the lot next to my home was meant to be developed even though the recorded deed showed it as undeveloped. My recollection is that the recorded documents make a vague reference to a trail, but it's certainly not clear. Jetskier can certainly clarify.

Yes, the railroad has a ROW. However, as has been pointed out by others, SD/LB owns the land. The owner of the ROW does not have an unfettered right to build whatever they want. The DOT will have the final say as to what is built, but the owner of the property (SD/LB) has rights so that any planned trail does not exceed the rights granted under the ROW. It is not a slam dunk that the proponents of the trail have the legal right to do so.

What no one has mentioned is who is going to pay for it? We have learned from Phases I and II that Federal dollars do not fully fund the projects. Is City tax money going to be used?

Hi Major,

Thank you, a few points:

1. My understanding is that the plans of record do not exist. There are no surviving documents that show what the city approved when they permitted the developments. There was a reference to discussions in the Laconia Sun back in the day...but based upon a lack of records, no one can prove or disprove the point. As such, there is no basis for LB/SD owners to have known or should have known that this is a foregone conclusion.
2. At this point, it is all moot. The study is predicated upon building a case that the WOW Trail has more economic value than the train. That is the path that the city and WOW Org are focusing on. Building in the ROW seems to be proving too expensive and difficult - we have been saying that for quite a while. Mayor Engler said multiple times in the meeting that NH DOT operates within current laws...what does that tell us?
3. So, the issue is no longer about SD, LB etc...The issue is about the WOW Trail vs. the train. As we have said, there are alternative viable routes. If you want to keep the train...let the Mayor and Council hear about it.

Regards,
Jetskier