[IndianaTrails] Impair any future restoration of rail service

[tom42n]

Subject:  Impair any future restoration of rail service

The Pan Handle rail-to trail deed contains the following: 

'It is agreed and understood that any conservation/recreation use by Grantee shall not impair any future restoration of rail service pursuant to the National Trails System Act"

I assume this is, probably, a common clause in railbanked deeds. And it appears wide-ranging on what can or should not be done to preclude ‘future restoration , , ,"

My Question:

Does anyone know of any kind of an ‘official’ or ‘generally accepted document’ that provides guidance on what can be done or what should not be done, or what typically is done, to satisfy this ‘future restoration’ clause? I have done some searching. So far have failed to come up with any specific reference material on the subject. 

Some example questions that might arise-

-Tearing down an existing railroad bridge to build a more ‘scenic’ bridge, or for some other reason.

-Completely leveling a double track (or multitrack) bed to make a level trail head , or rest area.

-Removing and selling all or most of the ballast.

-Removing trackbed elevations or depressions at crossing roads

-Adding a rail to trail bridge overpass to replace an existing trackbed at an existing vehicle road crossing

There are probably many others. 

Thanks for any insight.

Tom Anspach Friends of the Pan Handle Pathway

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://indianatrails.org/pipermail/list_indianatrails.org/attachments/20070528/bd4288a8/attachment.html