Duke Beltline trail project encounters two snags: Norfolk, Southern

A BCR reader notes that there's an update on the Duke Beltline acquisition -- and it isn't the best of news for those who've been advocating and waiting for the corridor's re-use as a rails-to-trails project.

We've talked here before about the city's interest in acquiring the old rail line, which runs from the downtown loop and West Village up parallel to Washington, then loops east to cross Washington, Mangum, and so forth.

The rough demarcation line between the Old North Durham and Duke Park neighborhoods, the long-unused rail spur was one of two -- along with the 501 rail corridor that crosses the Eno and the Mountains-to-the-Sea Trail on its way to Person Co. -- that Norfolk-Southern had expressed interest in selling.

Given the popular success of the American Tobacco Trail, the City naturally had been interested in acquiring both lines to convert to pedestrian and bike use via rails-to-trails conversion projects.

The railroad pulled the 501 line off the market in 2005, but negotiations have continued for several years on the Duke Beltline trail, an urban core line that seems to have no commercial rail value (save for possible future transit uses that typically don't interest railroads anyway.)

Unfortunately, as a BCR reader notes, it looks like that process has stalled with Norfolk-Southern's rejection of the city's offer, which came after rounds of appraisals and discussions between local government and the freight carrier.

Intriguingly, the city's web site notes that the City is now considering "acquisition by condemnation" as a way of gaining the parcel, though what success they will have in that effort is unclear.

At the same time, Durham's capital improvement projects web site notes the wrinkle of the $3 million US DOT grant obtained several years back to help with the property's acquisition; City staff are apparently working to figure out whether those dollars could be used for some other project, again with a matching grant, or whether these dollars become forfeited.

More as we learn it.

Comments

[barry]

"Intriguingly, the city's web site notes that the City is now considering "acquisition by condemnation" as a way of gaining the parcel, though what success they will have in that effort is unclear."

Why should that be a difficult process?

[crc32]

@barry "Why should that be a difficult process?"

Ummm... U.S. Const. Amend. 5 perhaps? Just because eminent domain is warranted doesn't mean it's easy, cheap or quick - due process is usually slow.

It'll probably take longer than the USDOT grant timeline. N/S will just have to ask for a continuance to muck things up on that score. And then you still have to pay them the just compensation anyway.

[Joshua Allen]

This will eventually make a great addition to downtown Durham. N/S sucks! We should definitely condemn and take.

[barry]

i don't expect that it would be quick or cheap; however the notion that "success" might be "unclear" makes no sense to me.

if the city wants the land, they will end up with it.

[bb]

New T-shirt slogan:

"N/S SUCKS!"

Maybe a fundraiser?

[Bull City Rising]

@Barry: My reason for saying success is unclear is that the railroads have a tremendous legacy of state and Federal protection for their rail line assets. Without knowing anything about the legal issues here, what I've heard about the protection these entities enjoy from local gov't encroachment makes me concerned that this could be a difficult slog.

OTOH, I think you could see a case where the city makes life hellish for the RR. "Your grass is over the height required by code, that's $xxx fine." Eventually, if you're not gonna use the darned ROW, give it up!

[Barry]

the underpass at Mangum st. was a campground for several years when i first moved back to Duke Park in '01. It was, to put it mildly, a danger to the public health. There are still photos online at the Duke Park yahoo groups page:
http://groups.yahoo.com/group/dukepark/photos/album/819921799/pic/list

(yes, that's human fecal matter).

if this line ran through certain other neighborhoods in the city, it would already be a trail.

What pisses me off the most is that the city and the railroad had an agreement several years ago that was solid enough that the feds were willing to kick in the money to pay them off. Then they decided that it wasn't good enough. Long past time for the city to start playing hardball.