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Major · 08-17-2018, 12:16 PM

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?

08-17-2018, 12:16 PM	#43
Major Senior Member Join Date: May 2013 Location: Laconia Posts: 1,056 Thanks: 434 Thanked 1,000 Times in 415 Posts	WOW Trail 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?