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Rails-with-Trails: Lessons Learned

REFERENCES

Aeppel, T. (1995 October 16). Angry landowners turn public paths into unhappy trails. Wall Street Journal, eastern ed., p. A1+.

Aizenman, N. (1997 October). The case for more regulation. Washington Monthly, p. 16-21.

Alaska Railroad Corporation and the Municipality of Anchorage. (1987 August 24). Permit for Coastal Bike Trail, Amended and Restated. Anchorage, AK.

Alta Transportation Consulting. (2001). Union Pacific Railroad Trail Feasibility Study. Prepared for the City of Cupertino, CA. San Rafael, CA.

Alta Transportation Consulting. (2000). Mojave River Greenway, Working Papers 1 and 2. Prepared for the City of Victorville, CA. San Rafael, CA.

American Association of State Highway and Transportation Officials. (1999). Guide for the Development of Bicycle Facilities. Washington, DC.

American Association of State Highway and Transportation Officials. (1998). Rails-with-Trails Survey. Washington, DC.

American National Standards Institute. (1991). American National Standard Practice for Roadway Lighting, IESNA RP-8-00. New York: Illuminating Engineering Society of North America.

Belluck, P. (1999 March 18). Crash inquiry focuses on tire tracks. New York Times, p. A16.

Belluck, P. (1999 March 17). 13 killed as Amtrak train collides with truck in Illinois. New York Times, p. A1+.

Beneficial Designs. (1999 July). Designing Sidewalks and Trails for Access: Review of Existing Guidelines and Practices, Part I. Report #FHWA-HEP-99-006. Washington, DC: Federal Highway Administration.

Benson, M. (1998). Defending the defensible: A railroad grade crossing accident. (In) Issues in Railway Law: Limiting Carrier Liability and Litigating the Railroad Crossing Case. Chicago: American Bar Association.

Black, M. (1999). At-grade crossings: Innovation, Safety, Sophisticated New Technology. RT+s Railway Track and Structure: Industry News. Internet reference.

Booth, H.J. (1892). A Treatise on the Law of Street Railways. Philadelphia: T. and J.W. Johnson and Co.

Canadian Pacific Railway. (2002). Recreation Path Guidelines Canada. Toronto.

Canadian Pacific Railway Police Service. (2000). Crime and Trespass Prevention Design Guidelines. Toronto.

Canadian Pacific Railway Police Service. (2000). Trespass Prevention Strategy. Toronto.

Centers for Disease Control. (1999). Injuries among railroad trespassers in Georgia, 1990–1996. Mortality and Morbidity Weekly Report, 48(25):537-541.

Chisholm, G. (1999 July). Light rail service: vehicular and pedestrian safety. Research Results Digest, p. A13.

City of Ann Arbor. (1989 May 15). Resolution No. 225-426: Resolution to Approve Agreement with Conrail for Construction of the Gallup Park Bikeway. Ann Arbor, MI.

City of Portland and Union Pacific Railroad Company. (2000 January 19). Ordinance 174094: Lease and Operating Agreement. (Agreement allowing the city to construct and maintain a walkway on the steel bridge, owned by the railroad. Portland, OR.)

City of Seattle Engineering Department. (1987). Evaluation of the Burke-Gilman Trail's Effect on Property Values and Crime. Seattle: Office for Planning.

City of Solana Beach and North San Diego County Transit Development Board. (1998). Draft Agreement for the Use of Portions of Railroad Right-of-Way. Solana Beach, CA.

Clarke, D., A. Chatterjee, S. Rutner, and H. Sink. (1996). Intermodal freight transportation and highway safety. Transportation, p. 97-110.

Conservation Fund (The), and Colorado State Parks State Trails Program. (1995). The Effect of Greenways on Property Values and Public Safety. Denver.

Dallas Area Rapid Transit and the City of Southlake, the City of Colleyville, and the City of North Richland Hills. (1998 September 30). Municipal Corridor Use License. Dallas.

Doolittle, J., and E. Porter. (1994). Synthesis of Transit Practice 4: Integration of Bicycles and Transit. Washington, DC: Transit Cooperative Research Program, Transportation Research Board.

Eaken, A., and J. Hart. (2001). Tunnels on Trails. Washington DC: Rails-to-Trails Conservancy.

English, J.W. (1986). Liability Aspects of Bikeway Designation. Washington, DC: Bicycle Federation of America.

Federal Highway Administration. (2002). Guidance on Traffic Control Devices at Highway-Rail Grade Crossings. Washington, DC.

Federal Highway Administration. (2000). Manual on Uniform Traffic Control Devices (MUTCD 2000), Part 10, Controls for Highway-Light Rail Transit Grade Crossings. Washington, DC.

Federal Highway Administration. (2000). Manual on Uniform Traffic Control Devices (MUTCD 2000), Part 9, Traffic Controls for Bicycle Facilities. Washington, DC.

Federal Highway Administration. (2000). Manual on Uniform Traffic Control Devices (MUTCD 2000), Part 8, Traffic Controls for Highway-Rail Grade Crossings. Washington, DC.

Federal Highway Administration. (1993). The National Bicycling and Walking Study: Transportation Choices for a Changing America, and Case Studies 1-25. Washington, DC.

Federal Highway Administration. (1986). Railroad-Highway Grade Crossing Handbook. Washington, DC.

Federal Highway Administration. (1979). Railroad-Highway Grade Crossing Surfaces, Implementation Package #79-8. Washington, DC.

Federal Railroad Administration. (1999). Railroad Safety Statistics, Annual Report 1998. Washington, DC.

Federal Railroad Administration. (1998). Model Legislation for Railroad Trespass and Railroad Vandalism. Washington, DC.

Federal Railroad Administration. (1998). A Working Outline of the Major Issues Related to Multi-Use Recreational Trails Located Near Active Rail Lines. (Work in progress of the Rails-with-Trails Task Force initiated at a pre-conference meeting of the 1998 International Trails and Greenways Conference in San Diego, CA). Austin: Carolyn Cook, Crossing Safety, Railroad Commission of Texas (unpublished).

Federal Railroad Administration. (1997). Rails-with-Trails Safety Workshop Summary Report. Washington, DC.

Federal Railroad Administration. (1997). Trespasser Bulletin, No. 5, Calendar Year 1996. Washington, DC.

Federal Railroad Administration. (1997). Highway-Rail Crossing Accident/Incident and Inventory Bulletin, No. 19, Calendar Year 1996. Washington, DC.

Federal Railroad Administration. (1997). Accident/Incident Bulletin, No. 165, Calendar Year 1996. Washington, DC.

Federal Railroad Administration. (1994). Rail-Highway Crossing Safety Action Plan Support and Proposals. Washington, DC.

Federal Transit Administration. (1997). Lessons Learned Program, #29, Commuter Rail Safety - Educating the Public. Washington, DC.

Federal Transit Administration. (circa 1994). Lessons Learned Program, #2, Grade Crossing Safety Improvement Project. Washington, DC.

Ferster, A., and M. Jones. (1997). Coastal Rail Trail (California), Project Study Report: Addressing Liability of Rails-with-Trails. Washington, DC: Rails-to-Trails Conservancy.

Five Star Trail - Terms of Agreement with Railroad. (1996). Greensburg, PA: Westmoreland County Bureau of Parks and Recreation.

Great Lakes Spine Trail: Deed of Sale, 87476. (1994 December 9). Spirit Lake, IA: Dickinson County Conservation Board.

Howser, B.M. (1997 April). Putting value on rail-trails. Public Management, p. 4-9.

Hubbell, C. (1988). Some thoughts concerning the preparation and trial of a railroad crossing case from the plaintiff 's perspective. (In) Issues in Railway Law: Limiting Carrier Liability and Litigating the Railroad Crossing Case. Chicago: American Bar Association.

Jacobsen, E. (1997). California Operation Lifesaver. (In) Proceedings of the 1997 International Conference on Highway-Rail Grade Crossing Safety, Seattle, WA. College Station: Texas Transportation Institute.

Jones, M., et al. (1999). Rails-with-Trails: A Best Practices Informational Report. Draft, written on behalf of Institute for Transportation Engineers Ad-Hoc Committee on Rails-with-Trails. San Rafael, CA: Alta Transportation Consulting.

Kacir, K., H. Hawkins, R. Benz, and M. Obermeyer. (1995). Guidelines for the use of flashing operation at signalized intersections. ITE Journal, 65:26-31.

Kraich, P. (1997). Rails-with-Trails: Sharing Corridors for Transportation and Recreation. Washington, DC: Rails-to-Trails Conservancy.

Kuhlman, R.S. (1986). Killer Roads: From Crash to Verdict. Charlottesville, VA: The Michie Company. (Ch. 11).

Law, W.J. (1999). Problem Analysis Report Recreational Trail Use. Toronto: Canadian Pacific Railway Police Service, Community Services Unit.

Los Angeles County Metropolitan Transportation Authority and the City of San Fernando. (1997 January 9). License Agreement, File #RVAL008562. (Allowing use of a parcel of land for a bicycle/pedestrian trail). Los Angeles.

Luczak, M. (1999 July). Beating back the 'beat-the-train' brigade. Railway Age, p. 37-40.

Maher, M. (2000). Rails-with-Trails: The Western Australian Experience. Como, Australia: Transplan Pty. Ltd.

Maine Department of Transportation. (2000). Policy on Design Standards for Pedestrian Trails within a State-Owned Rail Corridor. Augusta, ME.

Mathews, A. (1998 February 20). Railroads take heat for pedestrian fatalities. Wall Street Journal, p. B1+.

Mathews, C., B. Williamson, and C. Rylander. (1998 March). Texas Highway-Rail Grade Crossing Facts for 1996. Austin: Railroad Commission of Texas.

Miller, L. (1998 October). High-tech at the crossing. Railway Age, p. 57-58.

Moore, R.L., and K. Barthlow. (1998). The Economic Impacts and Uses of Long-Distance Trails. Washington, DC: National Park Service.

Moore, R.L., A. Graefe, R.G. Telson, and E. Porter. (1992). The Impacts of Rail-Trails: A Study of the Users and Nearby Property Owners From Three Trails. Washington, DC: National Park Service.

Morris, H. (2000). Rail-Trails and Liability: A Primer on Trail-Related Liability Issues and Risk Management Techniques. Washington, DC: Rails-to-Trails Conservancy

Morris, H. (2000). Rails-with-Trails: Design, Management, and Characteristics of 61 Trails Along Active Rail Lines. Washington, DC: Rails-to-Trails Conservancy.

National Bicycle and Pedestrian Clearinghouse. (1995). Economic and Social Benefits of Off-Road Bicycle and Pedestrian Facilities, Technical Assistance Series 2. (Technical Brief). Washington, DC.

National Cooperative Highway Research Program (NCHRP). (1981). Legal Implications of Highway Department's Failure to Comply with Design, Safety, or Maintenance Guidelines, Research Results Digest 129. Washington, DC: Transportation Research Board.

Nellis, A.J. (1904). Street Railroad Accident Law. Albany, NY: M. Bender.

Neuman, P. (1993). Risks on the rails. Communications of the ACM, 36:130.

Northern Virginia Planning District Commission. (1993). Impact Assessment of the Virginia Railway Express Commuter Rail on Land Use Development Patterns in Northern Virginia. Report #DOT-T-95-18. Washington, DC: U.S. Technology Sharing Program, Department of Transportation.

Oregon Department of Transportation. (1995). Oregon Bicycle and Pedestrian Plan. Salem.

Otis, S., and R. Machemehl. (1999). An Analysis of Pedestrian Signalization in Suburban Areas, Research Report #SWUTC/99/472840-00065-1. Austin, TX: Southwest Region University Transportation Center.

Patterson, C.S. (1886). Railway Accident Law, The Liability of Railways for the Injuries to the Person. Philadelphia: T. and J. W. Johnson and Co.

Pelletier, A. (1997). Deaths among railroad trespassers. Journal of the American Medical Association, 297:1064 - 1066.

Pien, W. (1996). Trail Intersection Design Guidelines. Tallahassee: Florida Department of Transportation.

PKF Consulting. (1994). Analysis of Economic Impacts of the Northern Central Rail Trail. (Prepared for Maryland Greenways Commission, Maryland Department of Natural Resources). San Francisco.

Rails-to-Trails Conservancy. (2000). Economic Benefits of Rail-Trails. Washington, DC.

Richards, D. (1997 November 3). Railroad problems in Texas getting worse before better. Chemical Market Reporter, p. 7+.

Ries, R. (1997). The winds of change in highway-rail grade crossing safety. Proceedings of the 1997 International Conference on Highway-Rail Grade Crossing Safety, Seattle, WA. College Station: Texas Transportation Institute.

Riley, V. (1997). Southern California Regional Rail Authority. Proceedings of the 1997 International Conference on Highway-Rail Grade Crossing Safety, Seattle, WA. College Station: Texas Transportation Institute.

Roble, E.H. (1998 May). Knowledge is power. Railway Age, p. 59-61.

Roop, S., J. Warner, D. Rosa, and R.W. Dickinson. (1998). The Railroad System of Texas: A Component of the State and National Transportation Infrastructure. College Station: Texas Transportation Institute.

Russel, D. (1999). Mobile Chernobyls. E Magazine, X(II):14-15.

Ryan, K.L., and J.A. Winterich. (Eds.). (1993). Secrets of Successful Rail-Trails. Washington, DC: Rails-to-Trails Conservancy.

SamTrans. (1997). Caltrain Right-of-Way Fatalities, 1992-1996. San Carlos, CA.

Schulte, C. (2001). General system and rail transit common corridor safety. (In) Proceedings of the 2001 Rail Transit Conference. Washington, DC: American Public Transportation Association.

Sifferman J., and R. Koppa. (1996). Americans with Disabilities Act: Considerations for Sensory and Mentally Impaired Individuals in Public Accommodation. College Station: Texas Transportation Institute.

Silver Creek Bike Trail (MN): Application for ISTEA Enhancement Funding. (1993). Rochester, MN: City of Rochester Public Works Department.

Strauss, C.H., and B.E. Lord. (1996). Economic Impact of Ghost Town Trail in the Indiana and Cambria Counties Region. State College: Pennsylvania State University.

Three Rivers Heritage Trail Master Plan, Baldwin Borough Segment. (Draft). (1999). Greensburg, PA: Westmoreland County, Bureau of Parks and Recreation.

Transportation Research Board. (1995). Safety and Human Performance. Transportation Research Record, C. 2 No. 1502. Washington, DC: National Academy Press.

Volpe National Transportation Safety Center. (1999). Assessment of Potential Aerodynamic Effect on Personnel and Equipment in Proximity to High-Speed Train Operations. Washington, DC: Federal Railroad Administration.

Wait, S. (1998). Rails with Trails. Akron, OH: Wheeling Corporation.

West Orange Rail-Trail Master Plan. (1996). Orlando, FL: Orange County Department of Parks and Recreation.

Wilner, F. (1998). Asleep at the throttle? Traffic World, 254(5):14.

LEGAL REFERENCES

R.P. Davis, Annotation, Joinder as defendants, in tort action based on condition of sidewalk or highway, of municipal corporation and abutting property owner or occupant, 15 A.L.R. 2d 1292, 1293 (1951).

D.E. Evins, Annotation, Liability for injury or damage caused by collision with portion of load projecting beyond rear or side of motor vehicle or trailer, 21 A.L.R. 3rd 371 (1968).

M.C. Dransfield, Annotation, Railroad's duty to children walking longitudinally along railroad tracks or right of way, 31 A.L.R. 2d 789 (1953).

Wade R. Habeeb, Annotation, Railroad's liability for injury to or death of child on moving train other than as paying or proper passenger, 35 A.L.R. 3rd 9 (1971).

James L. Isham, Annotation, Validity and construction of statute or ordinance limiting the kinds or amount of actual damages recoverable in tort action against governmental unit, 43 A.L.R. 4th 19 (1986).

R.D. Hursh, Annotation, Duty and liability of municipality as regards barriers for protection of adult pedestrians who may unintentionally deviate from street or highway into marginal or external hazards, 44 A.L.R. 2d 633 (1955).

Robin Cheryl Miller, Annotation, Effect of statute limiting landowner's liability for personal injury to recreational user, 47 A.L.R. 4th 262 (1986)

Ronald V. Sinesi, Annotation, Government tort liability for injury to roller skater allegedly caused by sidewalk or street defects, 58 A.L.R. 4th 1197 (1987).

L.S. Tellier, Annotation, Contributory negligence of adult struck by train while walking or standing beside railroad track, 63 A.L.R. 2d 1226 (1959).

James L. Isham, Annotation, State and local government liability for injury or death of bicyclist due to defect or obstruction in public bicycle path, 68 A.L.R. 4th 204 (1989).

W.E. Snipley, Annotation, Duty to take affirmative action to avoid injury to trespasser in position of peril through no fault of landowner, 70 A.L.R. 3d 1125 (1976).

C.C. Marvel, Annotation, Liability of municipality for injury or death from defects or obstructions in sidewalk to one riding thereon on bicycle, tricycle, or similar vehicle, 88 A.L.R. 2d 1423 (1963).

D.A. Cox, Annotation, Obstruction of sidewalk as proximate cause of injury to pedestrian forced to go into street and there injured, 93 A.L.R. 2d 1187 (1964).

Danaya C. Wright, Private rights and public ways: property disputes and rails-to-trails in Indiana, 30 Ind. L. Rev. 723 (1997).

Delta Farms Reclamation Dist. No. 2028 v. Super. Ct. of San Joaquin County, 190 Cal. Rptr. 494 (1983).

Leonakis v. State, 511 N.Y.S. 2d 119 (1987).

Lovell v. Chesapeake & Ohio R.R., 457 F.2d 1009 (6th Cir. 1972).

Mayor and City Council of Baltimore v. Ahrens, 179 A. 169, 171-73 (Md. 1935).

Powell v. Union Pac. RR. Co., 655 F.2d 1380 (9th Cir. 1981).

Watterson v. Commonwealth, 18 Pa. D.&C.3d 276 (1980).

Status of one at railroad crossing who has walked or intends to walk along tracks, 9 A.L.R. 1322 (1920).

State of weather as affecting liability for injury to one struck by train or street car, 20 A.L.R. 1064 (1922).

Liability of operator of logging road or other private railroad for injury to person on track, 46 A.L.R. 1076 (1927).

Liability of railroad company for injury to trespassers or licensees other than employees or passengers struck by object projecting, or thrown, from a passing train, 112 A.L.R. 850 (1938).

Liability for death or injury as a result of suction from passing train, 149 A.L.R. 907 (1944).

Duty of railroad toward persons using private crossing or commonly used footpath over or along railroad tracks, 167 A.L.R. 1253 (1947).

Updated: 02/11/2014
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