PRIOR PRINTER'S NO. 683 PRINTER'S NO. 1241
No. 640 Session of 1989
INTRODUCED BY GREENLEAF, MADIGAN, AFFLERBACH, DAWIDA AND
RHOADES, MARCH 2, 1989
AS AMENDED ON THIRD CONSIDERATION, JUNE 13, 1989
AN ACT
1 Authorizing the Department of Environmental Resources to acquire
2 and develop abandoned railroad rights-of-way for public
3 recreational trail use; requiring the Department of
4 Transportation to coordinate certain acquisitions of rights-
5 of-way with the Department of Environmental Resources;
6 providing a limitation on the liability of persons who
7 provide property for public recreational trail use; and
8 making an appropriation.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Short title.
12 This act shall be known and may be cited as the Rails to
13 Trails Act.
14 Section 2. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "ABANDONED RAILROAD RIGHT-OF-WAY." ANY RAILROAD RIGHT-OF-WAY <--
19 THAT IS PROPOSED OR APPROVED FOR ABANDONMENT BEFORE THE
20 INTERSTATE COMMERCE COMMISSION.
21 "Department." The Department of Environmental Resources of
1 the Commonwealth.
2 Section 3. Rails to trails program.
3 There is established within the department the Pennsylvania
4 Rails to Trails Program, the purpose of which is to acquire and
5 develop abandoned railroad rights-of-way for public recreational
6 trail use. The rights-of-way shall be acquired pursuant to this
7 act.
8 Section 4. Acquisition of land. <--
9 (a) Restrictions.--The department or any municipality is
10 authorized to acquire, by gift or purchase, fee simple absolute
11 title or any lesser interest in land, including easements, for
12 the development purposes of the Pennsylvania Rails to Trails
13 Program as provided in this section, with the following
14 restrictions:
15 (1) The department's or municipality's power of eminent
16 domain shall be limited to curing defects in title.
17 (2) Abandoned railroad rights-of-way acquired under this
18 act shall not be subject to the evaluation, selection and
19 acquisition procedures provided for in this act.
20 (b) Acceptance of title.--For purposes of the Pennsylvania
21 Rails to Trails Program, the department may:
22 (1) Accept title, including nonmarketable title, to
23 abandoned railroad rights-of-way purchased or leased by or
24 donated to the department and to any areas abutting the
25 rights-of-way which are needed for the construction of trail-
26 user support facilities.
27 (2) Accept title to abandoned railroad rights-of-way
28 conveyed by quitclaim deed through purchase, dedication,
29 gift, grant or settlement.
30 (c) Easements over land acquired.--Easements and rights-of-
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1 way upon, over, under, across or along any land, the fee title
2 of which has been acquired, may be granted by the department so
3 long as the use of the easement or right-of-way does not
4 interfere with the purposes of this act.
5 (d) Transfer of trails to local governmental agencies.--The
6 department may transfer any recreational trail, easement or
7 right-of-way to a local governmental agency having jurisdiction
8 over the area in which the recreational trail, easement or
9 right-of-way is located for recreational purposes in a manner
10 consistent with department rules and regulations.
11 Section 5. Powers and duties of department.
12 The department shall:
13 (1) Promulgate all rules and regulations necessary to
14 effectively carry out the purposes of this act, including
15 rules and regulations relating to acquisition, development
16 and use of recreational trails.
17 SECTION 4. ACQUISITION OF LAND. <--
18 (A) ACQUISITION.--THE DEPARTMENT IS AUTHORIZED TO ACQUIRE
19 PURSUANT TO SECTIONS 1902-A AND 1906-A OF THE ACT OF APRIL 9,
20 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF
21 1929, FEE SIMPLE ABSOLUTE TITLE OR ANY LESSER INTEREST IN LAND,
22 INCLUDING EASEMENTS AND LEASEHOLDS, FOR THE DEVELOPMENT PURPOSES
23 OF THE PENNSYLVANIA RAILS-TO-TRAILS PROGRAM AS PROVIDED IN THIS
24 SECTION.
25 (B) ABANDONED RAILROADS.--THE DEPARTMENT IS AUTHORIZED TO
26 PARTICIPATE IN ABANDONMENT PROCEEDINGS WITH THE INTERSTATE
27 COMMERCE COMMISSION FOR THE PURPOSES OF ACQUIRING ABANDONED
28 RAILROADS FOR USE AS INTERIM TRAILS OR RAILBANKING AS SET FORTH
29 IN SECTION 8(D) OF THE NATIONAL TRAILS SYSTEM ACT (PUBLIC LAW
30 90-543, 16 U.S.C. § 1247(D)).
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1 (C) ACCEPTANCE OF TITLE.--FOR PURPOSES OF THE PENNSYLVANIA
2 RAILS-TO-TRAILS PROGRAM, THE DEPARTMENT OR MUNICIPALITIES MAY BY
3 GIFT OR PURCHASE:
4 (1) ACCEPT TITLE, INCLUDING NONMARKETABLE TITLE, TO
5 ABANDONED RAILROAD RIGHTS-OF-WAY AND TO ANY AREAS ABUTTING
6 THE RIGHTS-OF-WAY WHICH ARE NEEDED FOR THE CONSTRUCTION OF
7 TRAIL-USER SUPPORT FACILITIES.
8 (2) ACCEPT TITLE TO ABANDONED RAILROAD RIGHTS-OF-WAY
9 CONVEYED BY QUITCLAIM DEED OR WARRANTY DEED.
10 (D) TIME LIMIT.--ACQUISITION PROCEEDINGS MUST BE INITIATED
11 WITHIN FIVE YEARS OF THE COMMENCEMENT OF THE ABANDONMENT
12 PROCEEDING.
13 (E) EASEMENTS OVER LAND ACQUIRED.--EASEMENTS AND RIGHTS-OF-
14 WAY UPON, OVER, UNDER, ACROSS OR ALONG ANY LAND, THE FEE TITLE
15 OF WHICH HAS BEEN ACQUIRED BY THE DEPARTMENT, MAY BE GRANTED BY
16 THE DEPARTMENT SO LONG AS THE USE OF THE EASEMENT OR RIGHT-OF-
17 WAY DOES NOT INTERFERE WITH THE PURPOSES OF THIS ACT.
18 (F) TRANSFER OF TRAILS TO LOCAL GOVERNMENTAL AGENCIES.--THE
19 DEPARTMENT MAY TRANSFER ITS INTEREST IN ANY RECREATIONAL TRAIL
20 OR PORTION THEREOF TO A LOCAL GOVERNMENTAL AGENCY OR AGENCIES
21 HAVING JURISDICTION OVER THE AREA IN WHICH THE RECREATIONAL
22 TRAIL IS LOCATED FOR RECREATIONAL PURPOSES IN A MANNER
23 CONSISTENT WITH DEPARTMENT RULES AND REGULATIONS.
24 SECTION 5. POWERS AND DUTIES OF ENVIRONMENTAL QUALITY BOARD.
25 THE ENVIRONMENTAL QUALITY BOARD SHALL PROMULGATE ALL RULES
26 AND REGULATIONS NECESSARY TO EFFECTIVELY CARRY OUT THE PURPOSES
27 OF THIS ACT, INCLUDING RULES AND REGULATIONS RELATING TO
28 ACQUISITION, DEVELOPMENT AND USE OF RECREATIONAL TRAILS.
29 SECTION 6. POWERS AND DUTIES OF DEPARTMENT.
30 THE DEPARTMENT SHALL:
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1 (2) (1) Publish and distribute appropriate maps of <--
2 recreational trails, including recommended extensions of
3 recreational trails.
4 (3) (2) Establish access routes and related primitive <--
5 public-use facilities, which will not substantially interfere
6 with the nature and purposes of a trail, along recreational
7 trails.
8 (4) (3) Evaluate existing and potential abandoned <--
9 railroad rights-of-way to identify the corridors which are
10 suitable for acquisition for recreational trail use and
11 compile lists of suitable corridors, ranking them in order of
12 priority for acquisition; and, for this purpose, devise a
13 method of evaluation which includes, but is not limited to,
14 consideration of the following:
15 (i) Current and future recreational need.
16 (ii) Potential for local sharing in the acquisition,
17 development, operation or maintenance of abandoned rail
18 corridors.
19 (iii) Costs of acquisition, development, operation
20 and maintenance.
21 (iv) Time of availability of rights-of-ways.
22 (5) (4) Maintain updated lists of abandoned and to-be- <--
23 abandoned railroad rights-of-way and request information on
24 current and potential railroad abandonments from the
25 Department of Transportation, the Interstate Commerce
26 Commission and railroad companies operating within this
27 Commonwealth. At a minimum, lists shall be updated on a
28 quarterly basis.
29 (6) (5) Provide information, including probable costs of <--
30 purchase or lease of the corridors, to public and private
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1 agencies and organizations concerning abandoned rail
2 corridors which are or will be available for acquisition from
3 railroads or which are or will be available for lease for
4 interim recreational use from the Department of
5 Transportation.
6 (7) (6) Cooperate with municipalities and other <--
7 appropriate agencies and organizations and, where possible
8 and practical, allocate expenditures among the several
9 regions of this Commonwealth, proportionately based on need,
10 rail line availability, population and other appropriate
11 factors.
12 Section 6 7. Coordination with Department of Transportation. <--
13 (a) Method of coordination.--The Department of
14 Transportation and the Department of Environmental Resources
15 shall coordinate their evaluations of potential acquisitions and
16 acquisition priorities with respect to abandoned railroad
17 rights-of-way in order to avoid competing for the same
18 corridors. The Department of Transportation and the Department
19 of Environmental Resources shall enter into a memorandum of
20 understanding which shall contain a method by which the
21 coordination of evaluations and acquisition priorities is to be
22 accomplished.
23 (b) Interim lease of rights-of-way.--Should the Department
24 of Transportation acquire abandoned rights-of-way for future
25 transportation purposes, it shall lease such rights-of-way to a
26 public agency or private organization for interim public
27 recreational trail use if:
28 (1) The public agency or private organization has
29 requested the right-of-way for interim public recreational
30 trails use.
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1 (2) The public agency or private organization agrees in
2 writing to assume all liability and management
3 responsibilities as prescribed by the Department of
4 Transportation TO THE EXTENT AUTHORIZED BY LAW. <--
5 (3) The use of the right-of-way as a recreational trail
6 does not interfere with the ultimate transportation purposes
7 of the property as determined by the Department of
8 Transportation.
9 (c) Transportation use and trail use.--If the Department of
10 Transportation determines that an abandoned railroad right-of-
11 way leased for interim recreational trail use is needed for
12 transportation purposes, the Department of Transportation shall
13 work with the leasing agency to accommodate, when feasible, the
14 existing trail use in conjunction with the transportation use.
15 (D) FUTURE DISPOSAL.--IF THE DEPARTMENT OF TRANSPORTATION <--
16 DETERMINES THAT AN ABANDONED RAILROAD RIGHT-OF-WAY IT OWNS IS NO
17 LONGER NEEDED BY THE DEPARTMENT OF TRANSPORTATION FOR PRESENT OR
18 FUTURE TRANSPORTATION USES, NOTHING IN THIS ACT SHALL PREVENT
19 THE DEPARTMENT FROM DISPOSING OF THAT PROPERTY IN ACCORDANCE
20 WITH ITS OWN PROCEDURES OR APPLICABLE COMMONWEALTH LAWS. PRIOR
21 TO DISPOSING OF THE PROPERTY, THE DEPARTMENT OF TRANSPORTATION
22 SHALL FIRST NOTIFY THE DEPARTMENT.
23 Section 7 8. Limitation on liability of persons making land <--
24 available for trail use.
25 (a) General rule.--An owner or lessee who provides the <--
26 public with land for use as a trail under this act or who owns
27 land adjoining any trail developed under this act owes no duty
28 of care to keep the land safe from entry or use by others, or to
29 give warning to persons entering or going on that trail land of
30 any hazardous conditions, structures or activities thereon.
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1 (b) Specific limitations or liability.--An owner or lessee
2 who provides the public with land under this act shall not, by
3 providing that trail or land:
4 (1) be presumed to extend any assurance that the land is
5 safe for any purpose;
6 (2) incur any duty of care toward a person who goes on
7 that land; or
8 (3) become liable for any injury to persons or property
9 caused by the act or omission of a person who goes on that
10 land.
11 (c) Exception.--This section shall not apply if there is any
12 charge made or usually made for entering or using the trail or
13 land, or any part thereof, or if any commercial or other
14 activity whereby profit is derived from the patronage of the
15 general public is conducted on the land, or on any part thereof.
16 (A) GENERAL RULE.--EXCEPT AS SPECIFICALLY RECOGNIZED OR <--
17 PROVIDED IN SUBSECTION (D), AN OWNER OR LESSEE WHO PROVIDES THE
18 PUBLIC WITH LAND FOR USE AS A TRAIL UNDER THIS ACT OR WHO OWNS
19 LAND ADJOINING ANY TRAIL DEVELOPED UNDER THIS ACT OWES NO DUTY
20 OF CARE TO KEEP THE LAND SAFE FOR ENTRY OR USE BY OTHERS FOR
21 RECREATIONAL PURPOSES, OR TO GIVE ANY WARNING TO PERSONS
22 ENTERING OR GOING ON THAT TRAIL LAND OF A DANGEROUS CONDITION,
23 USE, STRUCTURE OR ACTIVITY THEREON.
24 (B) OWNER.--ANY PERSON, PUBLIC AGENCY, OR CORPORATION OWNING
25 AN INTEREST IN LAND UTILIZED FOR RECREATIONAL TRAIL PURPOSES
26 PURSUANT TO THIS ACT SHALL BE AN "OWNER" FOR PURPOSES OF THE ACT
27 OF FEBRUARY 2, 1966 (1965 P.L.1860, NO.586), ENTITLED "AN ACT
28 ENCOURAGING LANDOWNERS TO MAKE LAND AND WATER AREAS AVAILABLE TO
29 THE PUBLIC FOR RECREATIONAL PURPOSES BY LIMITING LIABILITY IN
30 CONNECTION THEREWITH, AND REPEALING CERTAIN ACTS."
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1 (C) SPECIFIC LIMITATIONS ON LIABILITY.--EXCEPT AS
2 SPECIFICALLY RECOGNIZED BY OR PROVIDED IN SUBSECTION (D), AN
3 OWNER OR LESSEE WHO PROVIDES THE PUBLIC WITH LAND UNDER THIS ACT
4 SHALL NOT, BY PROVIDING THAT TRAIL OR LAND:
5 (1) BE PRESUMED TO EXTEND ANY ASSURANCE THAT THE LAND IS
6 SAFE FOR ANY PURPOSE;
7 (2) INCUR ANY DUTY OF CARE TOWARD A PERSON WHO GOES ON
8 THAT LAND; OR
9 (3) BECOME LIABLE FOR ANY INJURY TO PERSONS OR PROPERTY
10 CAUSED BY AN ACT OR AN ACT OF OMISSION OF A PERSON WHO GOES
11 ON THAT LAND.
12 (D) EXCEPTION.--
13 (1) THIS SECTION SHALL NOT APPLY IF THERE IS ANY CHARGE
14 MADE OR USUALLY MADE FOR ENTERING OR USING THE TRAIL OR LAND,
15 OR ANY PART THEREOF, OR IF ANY COMMERCIAL OR OTHER ACTIVITY
16 WHEREBY PROFIT IS DERIVED FROM THE PATRONAGE OF THE GENERAL
17 PUBLIC IS CONDUCTED ON THE LAND, OR ON ANY PART THEREOF.
18 (2) NOTHING IN THIS ACT LIMITS IN ANY WAY ANY LIABILITY
19 WHICH OTHERWISE EXISTS FOR WILLFUL OR MALICIOUS FAILURE TO
20 GUARD OR WARN AGAINST A DANGEROUS CONDITION, USE, STRUCTURE
21 OR ACTIVITY.
22 Section 8 9. Appropriations. <--
23 (a) Initial appropriation.--The sum of $3,000,000, or as
24 much thereof, as may be necessary, is hereby appropriated to the
25 Department of Environmental Resources for the fiscal year July
26 1, 1989, to June 30, 1990, to carry out the provisions of this
27 act.
28 (b) Annual appropriation.--Subsequent to the initial
29 appropriation, the annual appropriation to the department shall
30 include funds necessary to carry out the provisions of this act.
19890S0640B1241 - 9 -
1 The department may accept and expend Federal funds granted for
2 the purposes contained in this act.
3 Section 9 10. Effective date. <--
4 This act shall take effect in 90 days.
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