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Mountains & Valleys of the rail-trail debate

September 5, 2013

MOUNTAIN — to the state departments of Transportation and Environmental Conservation for setting public meetings about the management of the 119-mile Remsen-Lake Placid Travel Corridor, where a......

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Sep-05-13 3:15 PM

RE: Freedom of Information Law Request FMO-12-007514 ROW Remsen-Lake Placid Corridor

This correspondence is in response to your January 19, 2012 Freedom of Information Law (FOIL) request.

The records you requested may be provided to you for a total of $272.65 (67 ROW & Track Maps @ $4.00 + $4.65 United Parcel Service) to cover the cost of copying and mailing. Please provide a check payable to NYSDOT in the amount of $272.65 and send it to the attention of the undersigned at the following address:

Records Access Office New York State Department of Transportation 50 Wolf Road, 6th Floor Albany, New York 12232

Please indicate the FOIL request number when corresponding on this subject.


Mary Shevlin Records Access Officer

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Sep-05-13 3:09 PM

What part of the State has to prove ownership in a "Fee title" do you not get? I have a FOIL answer that says they have no proof of ownership to anything but the right of way. Said right of way is null once the tracks are gone by state and federal laws.

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Sep-05-13 3:00 PM

What part of the State owns the land in the corridor in Fee Title did you not get?

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Sep-05-13 2:24 PM

Also, if the state does not have an exclusive deed to the land under the tracks then the "Fee Title" is null. From Legal Dictionary "The greatest possible estate in land, wherein the owner has the right to use it, exclusively possess it, commit waste upon it, dispose of it by deed or will, and take its fruits. A fee simple represents absolute ownership of land, and therefore the owner may do whatever he or she chooses with the land. If an owner of a fee simple dies intestate, the land will descend to the heirs." Note the word "ownership".

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Sep-05-13 2:20 PM

It's simple, if there was no railroad there would be no "travel corridor". Once the rails are gone then the "Abandoned Railroad Law" must be followed. Once this happens the SLMP and UMP are void as Federal and State Laws take precedence over a DOT created plan or APA determination.

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Sep-05-13 12:04 PM

This is not a Railroad ROW. This is land owned by NYS in Fee title that is classified as a "Travel Corridor" in the State Land Master Plan (SLMP) and has it's own Unit Management Plan (UMP). The hearings are for reviewing the UMP and possibly revising the 1996 UMP for the corridor. It is not a hodgepodge of privately owned properties with rail ROW's on it.

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Sep-05-13 11:32 AM

"Although the general public thinks of the corridor being "owned" by the railroad, in reality it is generally a hodgepodge of conflicting ownership claims" As per an FOIL request, the DOT is relying on tax maps as proof of ownership. They, as of 2012, do not recognize the fact that by Federal Law they are required to pay tax on the whole line, even if they do not hold ownership of the land, just a right of way.

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Sep-05-13 11:23 AM

Valley...determining who owns the right of way after the rail line is abandoned. From Rail to Trails ***********railstotrails****/resources/documents/resource_docs/tgc_fs_ownership.pdf

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