Frequently Asked Questions
The Buffalo Pittsburgh Railroad (BPRR) filed an abandonment request with the federal Surface Transportation Board (STB) in September, 2008. As many groups and individuals expressed interest in preserving the rail line, New York State Parks Recreation and Historic Preservation filed a public use condition and interim use request. They are working to save this natural, historic and recreational resource for multi-purpose public use and benefit. In November 2008 the STB agreed to the abandonment with a condition that NYS Parks and BPRR negotiate a railbanking agreement.
Negotiations between NYS Parks and BPRR are ongoing. If no agreement is reached by May 2010, NY State Parks can apply to the STB to extend the negotiation period for six-months. The negotiation period can continue to be extended as long as both parties are interested in continuing discussions.
During the summer of 2009, A&K Railroad Materials began removing the rails and ties. The bridges and culverts will remain in place. The work started in the southern section and is moving north. The salvage operation should be complete in the spring of 2010.
Why did B&PRR want to abandon operations?
B&PRR chose to abandon the section between Orchard Park and West Valley because it had more challenging grades and crossings than an alternate route through East Aurora. In addition, there was a lack of business along the Orchard Park to West Valley section of railway.
What is NY State’s interest?
As many groups and individuals have expressed interest in preserving this natural, historic and recreational resource, New York State Office of Parks, Recreation and Historic Preservation (NYSOPRHP) filed with the Surface Transportation Board their interest in public use and interim trail use/rail banking for multi-purpose public use and benefit.
Buffalo & Pittsburgh Railway has agreed to negotiate a rail banking agreement with NY State to preserve the corridor.
Before negotiations begin, the State is assessing the corridor to determine the property value, the liabilities and to confirm the States’ interest in rail banking the corridor. Before any decision is made to start negotiations, NY State will contact the affected communities for opinions and support. The rail banking process is expected to take at least a year and possibly longer.
What is Erie-Cattaraugus Rail-Trail and what is their role?
Erie Cattaraugus Rail Trail (E-Catt) is a not-for-profit organization comprised of interested residents along the BPRR corridor. E-Catt formed to help local communities work with NY State in preserving the rail corridor history, infrastructure and its conversion to a multi use trail.
Once rail banking occurs, they will help develop, manage and maintain the corridor, working to include and protect residents' interests, including, privacy, road crossings, culverts, signage, and other issues related to rail-trail construction, use and maintenance. E-Catt will be seeking volunteers, grants and donations to this end.
What about liability on the trail?
New York State has a recreational use statute in place. (“General Obligations Law, section 9-103”). It states that property owner’s have no duty to keep the trail safe for entry or use by others for hiking, cross-county skiing, sledding, horseback riding, biking, or snowmobiling.
If, however, a landowner “willfully and maliciously” fails to warn users against any dangers on their property, or decides to charge a fee, their private homeowners policies would be liable for coverage.
What happens to real property values adjacent to rail-trails?
There is a great deal of evidence from existing rail-trails that property values either remain the same or increase. Often, buyers seek homes along these corridors for their recreational value. There is evidence that trails help homes sell faster and for a higher percentage of their asking price.
Will the rail-trail be safe? What about my privacy?
Rail-trails have excellent safety records. A person is more likely to be struck by lightening than be a crime victim on a rail-trail. Nevertheless, E-Catt Rail-Trail intends to work with local and state officials to establish patrols and ensure user safety.
E-Catt Rail Trail appreciates property owner privacy concerns. A resident advocacy committee will be established to assure these and other property owner concerns are addressed. Existing rail-trails have successfully alleviated many such concerns by installing vegetative screens, fences, and berms. In studies of rail-trails in Minnesota, Iowa, Florida, and California, between 75 and 80 percent of adjacent landowners indicated that loss of privacy was not an issue.
When will it open and who gets to use it?
A state land acquisition takes time! In addition to research and review of the corridor, a great deal of work will need to be done to prepare the trail for recreational use. Based on the condition of various sections of the corridor, some segments may be open sooner than others.
Outdoor enthusiast, including bikers, hikers, horseback riders, cross-country skiers, bird-watchers, and snowmobilers are envisioned to have access at this time. However, every use may not be allowed on every segment of the trail. ATVs – considered “motorized vehicles” by State Parks, will not be permitted on the rail-trail.
I'm interested in supporting E-Catt Rail Trail. What can I do to help?
Contact Erie Cattaraugus Rail Trail at info@ecattrail.org
I’m interested in visiting a local rail trail.
Here are links to other nearby trails:
Chautauqua Rails to Trails
Allegheny River Trail
The Cattaraugus Pat McGee Trail