Landowners' Frequently Asked Questions
1. Why is the state buying this land?
2. How will this purchase affect me?
3. What land does the state own?
4. What is the state paying for this land?
5. Where did the money come from to buy this land?
6. I'm concerned about trail users trespassing on my property.
7. What additional liability do I have now that a trail goes by my property?
1. Why is the state buying this land?
The State believes that this transportation corridor is a valuable natural, historic, and recreational resource that should be preserved as a greenway for the benefit of all the people of the state for generations to come. In 1985, the New York State Office of Parks, Recreation, and Historic Preservation (OPRHP) purchased ten miles of railroad corridor, located in the Monroe County towns of Chili and Wheatland, for future development as a recreational trail. The New York State Department of Environmental Conservation's (DEC) purchase of the remaining 80 miles means that 90 miles of canal/railroad corridor will be owned by the State. The Friends of the Genesee Valley Greenway have agreed to assist the State with the Greenway's development and maintenance. Having a partner identified to help accept long-term responsibility for the resource has made it a more attractive option for the State.
2. How will this purchase affect me?
There will probably be more activity along the rail bed than in the past. The rail bed will become a year-round, public multi-use trail.
The trail will be maintained year round. Litter will be picked up, vegetation will be kept cleared to a 12 foot width and 12 foot height, rules signage will be erected, gates will be installed at designated road crossings, and culverts will be maintained.
Illegal trail use may decrease. Experience from other trails indicates that incidents of illegal activity (partying, dumping) decrease when an abandoned rail bed becomes a public trail. The chance of being discovered by a legitimate trail user just becomes too great.
The Unit Management Plan that is being developed now will provide direction for the management and use of the Greenway.
3. What land does the state own?
In June 1997, the New York State Department of Environmental Conservation (DEC) acquired a 30-foot permanent easement on 80 miles of the historic transportation corridor first used as the Genesee Valley Canal and later as the Pennsylvania Railroad, Rochester Division. This former canal and railroad bed has been owned by Rochester Gas and Electric Corporation (RG&E) since 1963. DEC' s easement extends from the Monroe- Livingston County line south to Cuba in Allegany County. Although DEC has only purchased a 30-foot easement on the property now, within two years, DEC will acquire full title ownership of the entire corridor.
4. What is the state paying for this land?
RG&E will receive $268,500 in two installments. In June 1997, DEC paid RG&E $161,100 for the 30 feet wide permanent easement. At the end of two years, the state will pay RG&E another $107,400 for the full fee title to all the land in the corridor now owned by RG&E.
5. Where did the money come from to buy this land?
Eighty percent of the land acquisition cost is being paid for with federal Intermodal Surface Transportation Efficiency Act (ISTEA) Transportation Enhancement Funds, awarded to DEC, OPRHP, and the Friends of the Genesee Valley Greenway in 1994. Twenty percent of the cost will come from New York State's capital projects fund.
6. I'm concerned about trail users trespassing on my property.
Signs at trail heads will state "Please respect the rights of adjacent landowners" and Stay on the Trail." For most of its length, the rail bed is lined with dense vegetation making entry to adjacent lands difficult. If you do discover a trespasser, you should call the DEC environmental conservation officers, State Parks Police, or your local law enforcement official.
7. What additional liability do I have now that a trail goes by my property?
In New York State, the Recreational Use Statute (General Obligations Law Section 9-103) helps reduce a landowner's liability if someone is injured while engaging in a specific set of recreational activities on their land. It states that an owner, lessee, or occupant of premises has no duty to keep the premises safe for entry or use by others for hunting, fishing, canoeing, trapping, hiking, tobogganing, speleological activities, hang gliding, boating, hiking, cross-country skiing, sledding, horseback riding, bicycling, and motorized recreational vehicle or snowmobile operation, organized gleaning, cutting or gathering of wood for non-commercial purposes, or training of dogs. Swimming is not covered by the statute.
A landowner also does not have to give warning of any hazardous condition or structure or activity to persons entering to pursue any of these listed activities.
Landowners are liable, however, if they willfully or maliciously fail to warn or guard against a dangerous, use, condition, or structure on their property or if a landowner gives permission to someone to use their property for one of the activities covered by the statute and collects a fee for such use of the property.
8. With the Genesee Valley Greenway Trail so close to my home, I am concerned about losing my privacy.
Experience from other trails indicates that adjacent landowners can feel a loss of privacy in several ways:
* because their property can be seen from the greenway
* because they can hear noise from trail users
* because there is nothing that clearly defines the public greenway and the landowner's property.
Fortunately, for much of its length, the Genesee Valley Greenway is bordered by thick vegetation which provides a natural screen from adjacent properties. Nevertheless, everyone involved with development of the greenway is sensitive to maintaining adjacent landowner privacy and is willing to work with adjacent landowners to address their concerns as best as possible. Installation of vegetative screening may be helpful in those areas where it does not exist and the trail is located close to residences.
In studies of rail trails in Minnesota, Iowa, Florida, and Califomia, 75-80% of adjacent landowners indicated that loss of privacy was not an issue or had decreased or not changed since trail opening. Loss of privacy was not registered as a major concern in a study of two rail trails in North Carolina.
9. How are farmers going to get to their fields or people get to their homes if they live on the other side of the Genesee Valley Greenway TraiI?
RG&E, DEC, and the Friends of the Genesee Valley Greenway are meeting with those persons who have previously had a license or easement to use or cross the trail. Each situation is carefully being evaluated and discussed in order to develop a solution that is as acceptable to all parties as possible and still compatible with a public, multi-use trail.