Originally Posted by
alan s
The laws vary from place to place, but as a practical matter, and certainly in more developed areas, railroad rights of way are part of the fabric of the area. Property lines and property uses are built around the former right of way, and it has a much higher value to society as a trail than it would divvying it up amongst adjoining property owners. I would hope to the extent possible, courts would fall on the side of the interests of the general public than individual property owners, who have a dubious claim at best.
None of that excuses trespassing on adjoining property. And it doesn't change the fact that trespassing and right / desire to privacy aren't going to be a road block to the development of new trails.
Nor does it change how trails can be detoured to keep property owners happy rather than trying to fight it in court. .
Indy, aren't many of these rails to trails private entities and not under direct control of any government?