The conversion of underused rail corridors to public trail use is an integral feature of the regulation of the nation's rail system. Kaplan, Kirsch & Rockwell's attorneys are actively involved in negotiating and administering railbanking agreements on behalf of state and local governments. Railbanking arrangements frequently involve such issues as the transfer of ownership in rail corridors; the establishment of easements to provide for various rights and obligations with respect to the construction, use and maintenance of trails; the shared use of corridors for trail and other recreational or transit functions; and agreements governing the future reinstitution of rail service. Because railbanking agreements typically involve complex issues relating to real property rights, transaction structure and timing, and conformance with strict regulatory requirements, most railbanking transactions demand a diverse range of negotiating skills and detailed knowledge of specialized agency practice. Kaplan, Kirsch & Rockwell's attorneys have extensive experience in moving projects efficiently through the regulatory process at the Surface Transportation Board. We maintain established relationships with the nation's major railroads, who are frequent negotiating partners.
