Current Status Bill Number:201 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Wilson All Sponsors:Wilson, Rose Drafted Document Number:JIC\5064HTC.95 Residing Body:Senate Current Committee:Fish, Game and Forestry Committee 07 SFGF Subject:Rails to Trails Act
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950110 Introduced, read first time, 07 SFGF
referred to Committee
Senate 19941017 Prefiled, referred to Committee 07 SFGF
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TO AMEND TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKS, RECREATION AND TOURISM, BY ADDING CHAPTER 25 SO AS TO ENACT THE RAILS TO TRAILS ACT.
Whereas, the State of South Carolina is desirous of establishing itself as a national leader in the acquisition of abandoned railroad rights-of-way and in developing and operating the grades as state parks for public trail purposes; and
Whereas, it is in the public interest to continue the orderly growth of a state trails program utilizing abandoned railroad or other available utility rights-of-way which are of statewide recreational significance; and
Whereas, the Department of Parks, Recreation and Tourism's primary interest is the potential that such rights-of-way may have for recreational purposes. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The Department of Transportation is directed to maintain liaison with, provide factual data to, and work with the Department of Parks, Recreation and Tourism, Department of Commerce, Public Railways Division, South Carolina Public Service Commission, and other concerned agencies and determine the suitability for trail purposes of rights-of-way proposed for abandonment. Since the time span between petition and authorization for abandonment is too short to provide feasibility studies, the South Carolina Department of Transportation is authorized to conduct feasibility studies and appraisals of rights-of-way proposed for abandonment without prior approval. Feasibility studies may be advanced to the Department of Parks, Recreation and Tourism Commission with appropriate recommendations at the time the railroad files a notice of intent to abandon with the Interstate Commerce Commission. The Department of Parks, Recreation and Tourism recognizes that the Department of Transportation has the primary responsibility for the acquisition of abandoned railroad rights-of-way in South Carolina. In those cases where the Department of Transportation exercises the state's first right to acquire on behalf of the Department of Parks, Recreation and Tourism for state recreational trail purposes, the amount of just compensation will be determined by the Department of Transportation.
SECTION 2. Title 51 of the 1976 Code is amended by adding:
Section 51-25-10. (A) No railroad right-of-way in this State may be used for any purpose that would limit unreasonably the ability to restore rail service over the right-of-way at minimum cost if the service were to be required in the future.
(B) If the Department of Transportation is unable to acquire a railroad right-of-way by purchase or otherwise, it may proceed to condemn the right-of-way. This right of condemnation includes land necessary to bypass an area where the original right-of-way has been destroyed irrecoverably or altered.
(C) Land acquired pursuant to subsection (B) may be used for recreational purposes in conjunction with the statewide trail system, subject to its being made available for rail use if necessary.
(D) All reversionary rights in railroad rights-of-way acquired by the Department of Transportation by purchase, condemnation, or otherwise are declared extinguished as of the date of acquisition. A person damaged thereby may make claim against the Department of Transportation within two years of the date of acquisition.
Section 51-25-20. (A) The Department of Transportation is authorized to enter agreements, with owners of railroad rights-of-way on which railroad service has been abandoned, for preservation intact of railroad right-of-way corridors. The agreement must provide:
(1) that a specifically identified railroad right-of-way includes all tracks and bridges still in place and remain intact and under single ownership for at least five years;
(2) that the railroad right-of-way may be used for recreational purposes in conjunction with the statewide trail system, subject to its being made available for rail use if necessary;
(3) during the period of the agreement, the railroad right-of-way must not be subject to the tax which would otherwise be attributable to it;
(4) the owner of the railroad right-of-way is relieved from civil liability for any personal injury or property damage occurring on the right-of-way during the period of the agreement; and
(5) whatever additional terms the Department of Transportation considers necessary or desirable.
(B) A railroad right-of-way which is the subject of a railroad right-of-way preservation agreement pursuant to this section is considered to be held for railroad use and in continuation of the railroad easement and may not revert by operation of law to any other ownership.
(C) The railroad right-of-way preservation agreements authorized by this section become lawful contracts of the State and supersede any contrary state statute or common law when signed by the Executive Director of the Department of Transportation.
Section 51-25-30. No railroad may tear up and remove or discontinue the use of a portion of its tracts other than spur, industrial, or storage tracks, or curtail a part of its service to the public without notice to the Department of Transportation and the notice to the public as the department may direct. Upon complaint or upon its own motion, the department may investigate the reasonableness of the proposed action. Whenever a railroad has been authorized by proper authority to abandon a line, the Department of Transportation, after hearing, may issue an order requiring the removal of rails, ties, and structures, at public highway crossings and the removal of piles, bents of piers in rivers and streams that may contribute to holding debris, and require the filling and repaving of the highway. The cost of the removal, fill, and repaving must be apportioned among the railroad, town, city, and State as the department directs.
Section 51-25-40. (A) Notwithstanding any provision of law to the contrary, the Department of Transportation has a preferential right to acquire, for and in behalf of the people of the State, for use in the future for transportation purposes, as such purposes are set forth in this chapter, any property which was acquired for the purpose of operating a railroad thereon and which is located within this State and which has been abandoned for railroad transportation purposes. The State of South Carolina, acting through the Department of Transportation, has the right to match any verifiable bona fide offer made for such rail properties within the limits of funds available to the Department of Transportation for this purpose. If the amount of the offer is unsatisfactory to the State, the Department of Transportation may proceed to condemn the properties. No property owner may dispose of any such property without having first obtained a release of the preferential right from the Department of Transportation. Before any property is acquired pursuant to this section, the Department of Transportation in consultation with the Department of Parks, Recreation and Tourism shall determine that it is in the best interest of the State to acquire the property for use in the future for transportation purposes.
(B) Whenever a property owner intends to dispose of abandoned railroad transportation property, the property owner shall notify the Department of Transportation in writing of its intention. Upon receipt of the notification, the Department of Transportation shall inform the Department of Parks, Recreation and Tourism, South Carolina Department of Commerce, Public Railways Division, and the South Carolina Public Service Commission, and other appropriate state agencies, every metropolitan or regional transportation authority, and every county, city, and town in which the railroad property or portion of the property is located, of the intention of the property owner. The state agencies, metropolitan, or regional transportation authorities, and counties, cities, and towns have preferential acquisition rights to be determined as provided in this section.
(C) Within forty-five days of notification by the Department of Transportation of the intention of the owner, an agency of government which intends to exercise a preferential acquisition right for the property shall notify the Department of Transportation in writing. Within one hundred twenty days after receipt of the notification by the property owner, the Department of Transportation shall notify the property owner in writing whether it intends to exercise its preferential acquisition right under this section or, if not, whether it has determined that another agency of government has been authorized by it to exercise a preferential acquisition right to the property. If the Department of Transportation notifies the property owner that it does not intend to exercise its right and that it has not authorized another state or local agency of government to so exercise its right, the property owner may request from the Department of Transportation and must be granted a release of the preferential acquisition rights granted under this section. If the Department of Transportation, or any other state or local agency of government, is qualified to exercise the preferential acquisition right, the department shall notify the property owner of the intention and the property owner must not dispose of the abandoned railroad transportation property without having obtained a release of the preferential right from the Department of Transportation. The department, within one hundred twenty days after demand by the property owner upon it, shall make certain that the preferential right is exercised or released properly.
(D) For the purposes of this section, property is considered abandoned for railroad transportation purposes:
(1) when, where required by law, a certificate of abandonment of the railroad line situated thereon has been issued by the Interstate Commerce Commission or any other federal or state agency having jurisdiction thereof; or
(2) when a certificate of abandonment is not required and the use of the property for railroad transportation purposes has been discontinued with the intent not to resume. Intent not to resume may be inferred from circumstances. Nonuse of the property for railroad transportation for two consecutive years creates a presumption of abandonment. When use of the property for railroad transportation purposes has been discontinued and upon request of the property owner or on its own motion, the Department of Transportation shall undertake an investigation, which may include consultation with the Interstate Commerce Commission and shall render a determination as to whether or not (a) the property owner has definite plans for the use of the property for purposes ordinarily associated with the safe and normal operation of a railroad or associated transportation purposes; (b) the property continues to be suitable for railroad transportation purposes; and (c) the property is necessary, either presently or in the future, for railroad transportation purposes. The property is considered to be abandoned for railroad transportation purposes if the Department of Transportation determines that (a) the property owner has no definite plans for the use of the property for purposes ordinarily associated with the safe and normal operation of a railroad or associated transportation purposes; or (b) the property is no longer suitable for railroad transportation purposes; and (c) the property is not necessary, either presently or in the future, for railroad transportation purposes. The Department of Transportation shall render the determination within ninety days after the commencement of the investigation and the determination is conclusive, except that if the property is determined not to be abandoned the determination may not preclude the undertaking of a subsequent investigation concerning the same property.
Section 51-25-50. The South Carolina Department of Transportation actively shall pursue the attainment of federal funds available under the federal bike way program (Surface Transportation Act) or other federal or private fundings as may be available to assist in carrying out the purposes of this chapter.
Section 51-25-60. If a county, city, town, or any other person purchases land formerly used as a railroad right-of-way or property appurtenant thereto formerly used by a railroad company in South Carolina, no permit to build a structure of any kind on land so purchased may be issued by the county, city, or town without first obtaining, after public hearing, the consent in writing to the issuance of the permit from the Department of Transportation. If the department does not consent to the issuance of the permit, the owner of the land may recover from the State such damages as would be awarded under state law; however, there may be no recovery from the State by an owner of land purchased after the effective date of this chapter.
Section 51-25-70. (A) Each conveyance across state lands for a right-of-way for public or private roads, public utility lines, other public purposes, or for flowage rights where the use does not conflict with planned trail development may be granted by the Department of Transportation, but must be presented to the commission for approval if unusual circumstances or material impairment of project values are involved.
(B) A complete record of the conveyances must be maintained by the Department of Transportation.
(C) Compensation must be determined by appraisal. The loss of its value as a trail must be considered in establishing the value of the easement."
SECTION 3. This act takes effect upon approval by the Governor.