Ownership question delays railroad suit
SARANAC LAKE – The state Department of Transportation may not have proper ownership of at least one parcel of the Remsen-Lake Placid Travel Corridor in this village, and that discovery is delaying a lawsuit about converting the tracks to a trail.
In a letter to the court, Assistant Attorney General Marie Chery-Sekhobo asked for a stay of the proceedings surrounding a lawsuit filed by the Adirondack Rail Preservation Society, in order for the state to sort out the title issue.
This title issue raises several questions. The Enterprise was not able to confirm where the land ownership status is in question, and if it is one parcel or more than one. The Enterprise also could not determine what sort of easement or title the state does have on the parcel(s) in question, and whether this discovery could affect the current train and rail bike operations.
The railroad originally sued the state Department of Environmental Conservation and the state Adirondack Park Agency over the state’s plan to replace tracks with a multi-use trail between Lake Placid and Tupper Lake and to upgrade tracks between the Old Forge area and Tupper Lake. In July, the suit was amended to include DOT, which has jurisdictional oversight of the corridor. The case is being heard in state Supreme Court in Franklin County before Judge Robert Main Jr.
Because of ownership question, an oral hearing on the case was postponed from Wednesday morning until 10:30 a.m. Nov. 2 at the county courthouse in Malone.
The AG’s office requested the stay because the village of Saranac Lake recently discovered, during an unrelated title search, “at least one recorded deed that may indicate that the state acquired less than a fee simple interest for a segment of the Corridor. Accordingly, the title search conducted by the village of Saranac Lake has raised a question regarding the precise nature of the State’s title interest in some parcels comprising the Corridor.”
The AG’s letter of Sept. 22 also says “(the) petitioner (the railroad) is aware of these developments, and does not oppose the request for a stay.”
However, in a separate letter to the court on Sept. 23, the railroad’s attorney Suzanne Messer said the railroad did not agree to a stay but instead requested an adjournment of approximately 30 days. That is, in the end, what happened. Another letter from Jonathan Wool, principal court attorney, says that the matter will be adjourned until the Nov. 2 hearing.
The court’s letter of Sept. 26 says “that Judge Main has set aside one hour for oral argument respecting this matter. Specifically, petitioner (the railroad) will be accorded 20 minutes; respondents (the state) will be accorded 20 minutes; and the parties will then each be accorded 10 minutes to respond. These are maximum time limits and counsel may exercise the discretion to use less time as they may choose.”
Chery-Sekhobo, Messer and representatives from the DOT and DEC, as well as the village of Saranac Lake, did not immediately return messages requesting comment.
Ownership question delays railroad suit
SARANAC LAKE – The state Department of Transportation may not have proper ownership of at least one parcel of the Remsen-Lake Placid Travel Corridor in this village, and that discovery is delaying a lawsuit about converting the tracks to a trail.
In a letter to the court, Assistant Attorney General Marie Chery-Sekhobo asked for a stay of the proceedings surrounding a lawsuit filed by the Adirondack Rail Preservation Society, in order for the state to sort out the title issue.
This title issue raises several questions. The Enterprise was not able to confirm where the land ownership status is in question, and if it is one parcel or more than one. The Enterprise also could not determine what sort of easement or title the state does have on the parcel(s) in question, and whether this discovery could affect the current train and rail bike operations.
The railroad originally sued the state Department of Environmental Conservation and the state Adirondack Park Agency over the state’s plan to replace tracks with a multi-use trail between Lake Placid and Tupper Lake and to upgrade tracks between the Old Forge area and Tupper Lake. In July, the suit was amended to include DOT, which has jurisdictional oversight of the corridor. The case is being heard in state Supreme Court in Franklin County before Judge Robert Main Jr.
Because of ownership question, an oral hearing on the case was postponed from Wednesday morning until 10:30 a.m. Nov. 2 at the county courthouse in Malone.
The AG’s office requested the stay because the village of Saranac Lake recently discovered, during an unrelated title search, “at least one recorded deed that may indicate that the state acquired less than a fee simple interest for a segment of the Corridor. Accordingly, the title search conducted by the village of Saranac Lake has raised a question regarding the precise nature of the State’s title interest in some parcels comprising the Corridor.”
The AG’s letter of Sept. 22 also says “(the) petitioner (the railroad) is aware of these developments, and does not oppose the request for a stay.”
However, in a separate letter to the court on Sept. 23, the railroad’s attorney Suzanne Messer said the railroad did not agree to a stay but instead requested an adjournment of approximately 30 days. That is, in the end, what happened. Another letter from Jonathan Wool, principal court attorney, says that the matter will be adjourned until the Nov. 2 hearing.
The court’s letter of Sept. 26 says “that Judge Main has set aside one hour for oral argument respecting this matter. Specifically, petitioner (the railroad) will be accorded 20 minutes; respondents (the state) will be accorded 20 minutes; and the parties will then each be accorded 10 minutes to respond. These are maximum time limits and counsel may exercise the discretion to use less time as they may choose.”
Chery-Sekhobo, Messer and representatives from the DOT and DEC, as well as the village of Saranac Lake, did not immediately return messages requesting comment.
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