Land records · Parcel maps · October 7, 2026
Rails-to-Trails Easement: Rights of Adjoining Owners
What a rails-to-trails easement is: a former rail corridor turned into a public trail through railbanking, and what it means for adjoining landowners.
Rails-to-trails easement refers to the conversion of a former railroad corridor into a public trail, usually under the federal railbanking provision of the National Trails System Act. Instead of fully abandoning a line, a railroad can transfer it to a trail sponsor, such as a city, county, state, or nonprofit, for interim trail use while preserving the corridor for possible future rail service. Because the corridor is not considered abandoned, ownership rights that would otherwise revert to adjoining landowners are delayed, which has led to many compensation claims. This page is general land-records background, not legal advice.
How railbanking works
| Step | Description |
|---|---|
| Railroad seeks abandonment | Files with the Surface Transportation Board |
| Trail sponsor steps forward | Requests interim trail use |
| Agreement negotiated | Railroad and sponsor reach terms |
| Board issues notice | Corridor is railbanked |
| Trail built | Sponsor develops and manages the trail |
Effects on adjoining owners
If the railroad held only an easement for railroad purposes, adjoining owners might have regained full use after abandonment. Railbanking keeps the corridor in use as a trail instead. Courts have held that this can be a taking of property rights requiring compensation, depending on state property law and the original deeds. See what is an abandoned railroad corridor.
Compensation claims
Owners have brought claims in the U.S. Court of Federal Claims for the value of land burdened by trail use. Outcomes depend on whether the railroad held an easement or fee and the scope of the original easement.
Trail rules and neighbors
Trail managers set rules on hours, fencing, crossings, and maintenance. Adjoining owners may need permission for driveways or farm crossings over the trail. Existing crossing rights may be governed by agreements or easements. See what is an access easement.
Researching corridors
Check the railroad right of way on plats, original deeds, and Surface Transportation Board filings. Title disputes may require a quiet title action.
Example
A rail line crossing a farm is railbanked and converted to a county trail. The original 1880s deed granted the railroad a right of way for railroad purposes. The farm owner files a claim and receives compensation for the trail use, while keeping a crossing for equipment under an agreement with the county.
Benefits and concerns
Trails offer recreation and connectivity, and can raise nearby property values. Some owners worry about privacy, trespass, and liability. Fencing and signage can help.
Future rail use
Railbanked corridors can be returned to rail service, though this is rare.
Utilities
Utilities may continue using corridors under agreements, subject to the trail sponsor’s rights.
Finding filings
Surface Transportation Board decisions and notices are searchable online by railroad name or docket number.
Bottom line
A rails-to-trails easement turns a former rail corridor into a public trail through railbanking, delaying reversion to adjoining owners. Owners may have compensation claims depending on original deeds and state law. Research corridor deeds and filings. Explore corridors via the Platbookmapper map.
Rails to trails easement FAQ
What is a rails-to-trails conversion?
Turning a former rail corridor into a trail.
What is railbanking?
Preserving a corridor for future rail with interim trail use.
Can adjoining owners get compensation?
Some have, depending on deeds and state law.
Who manages rail trails?
Trail sponsors like cities, counties, or nonprofits.
Can I cross a rail trail with a driveway?
Possibly, with permission or existing rights.