A federal agency’s decision gives 180 days for the company that operates the railroad on Virginia’s Eastern Shore to come to an agreement with a trail association about a multiuse trail along a disused, 49-mile section of tracks.
“This will do two very important things for the region. One is that it will rail bank that railroad easement” if Canonie Atlantic, the company, and the trail association reach an agreement, said Cela Burge, Accomack county attorney, in a presentation to the Accomack County Board of Supervisors.
That would keep the easement in place “in case there was ever the need for that line to be used for railroad purposes again,” Burge said.
The notice of interim trail use or abandonment, issued by the Surface Transportation Board on Jan. 8, also “sets a time clock ticking for any folks…that have property along the rail line — and it puts in place a statute of limitations for any of them that would wish to make a claim to the federal court,” she said.
Burge said out-of-state attorneys have held meetings on the Eastern Shore and sent letters to property owners along the railroad about the possibility of making a claim now that the railroad may be abandoned.
Supervisor Harrison Phillips III noted any legal action those property owners take would be against the federal government.
The Surface Transportation Board last fall approved Canonie’s petition to abandon the railroad between Hallwood and Cape Charles.
The agency reopened the proceeding and on Jan. 8 issued a notice of interim trail use or abandonment, after Dahlgren Railroad Heritage Trail Association Inc. on Nov. 29 sought permission to file a request related to trail use of the right of way.
The association is willing to assume full responsibility for managing the right of way, any legal liability stemming from the transfer or use of the right of way, and payment of any associated taxes, according to the notice.
Canonie officials in a letter filed Dec. 3 said the company is willing to negotiate with the association.
The notice gives 180 days — until July 6 — for Canonie to reach an arrangement with Dahlgren. If no agreement is reached, Canonie then may fully abandon the line.
The notice also includes allowance for Canonie to negotiate with other interested parties about trail or other public use of the railroad section.
Canonie last year filed an application to abandon the 49 miles of tracks as well as the car float operation from Cape Charles to Norfolk, which has been out of service since 2009.
Repurposing the rail line as a trail — along with providing recreational opportunities — would allow preservation of existing easements, including for broadband, and allow for potential ones, such as for natural gas or a sewer line.
No rail traffic has moved on the railroad section since April 2018, according to a letter the company’s attorney wrote to state agencies last year, notifying them of the intent to petition for abandonment.
