Sunday, March 16, 2014

OUCH!!! Supreme Court does a supreme number on Rail Trails



Justice Breyer(middle) must have bonked his head
with one of his 3 bike accidents. How else could he
conclude an 1875 act and a 1942 decision is
applicable today? Justice Sotamayer was the only
legal beagle to rule in favor of the Trail folks like me.
Who would have thunk it? The U.S. Supreme Court (USSC) went back to a 1875 act and a 1943 decision to rule in favor of Marvin M. Brandt, a landowner in Wyoming. Sometime after 1875, Brandt's ancestors made a deal with U.S. Government to allow a railroad line to be cut through Brandt's property. Once the railroad finished using the right of way, the land was abandoned which was supposed to revert back to the landowner. Trail enthusiasts and governmental entities recently planned to extend the Medicine Bow recreational trail on this right of way. Mr. Brandt and the U.S,Supreme Court now say---no way, Jose! Although at first blush it appeared the USSC decision would be crippling, in retrospect it appears the decision is narrower than reported by the press, especially for those states east of the Mississippi River and trails where rights of way were either sold to the railroad or "railbanked".  

Therefore my trails only cross country goal does not appear to be in jeopardy; even though, the anti-trail rednecks will have another excuse to bitch at me for crossing or paralleling "their" road. When you are in red-neck country, A-holes will shout out or blare their horn at cyclists  like me. It happens too often. In defense of the red-necks, there are bikers that ride in groups that take up too much of the road and refuse to move over for traffic. I too have been pissed at these characters that not only hog the road but swear at the vehicles that wish to pass---especially those cyclists that ride a street or road juxtaposed to a bike trail only a few feet away.  Although I am riding 99% bike trails, there are times, for example where I needed to by-pass the flooded Blue Ox/Voyager Trail. That time I had to ride about twenty miles on a wide foot shoulder of Highway 71, giving a red-neck the opportunity to blast me with his ear splitting truck horn. 

Winter is just now starting to release its power grip on the midwest with some forty degree day time highs. March winds in the 20's still makes the "feels like" temps are too low for comfort. I have toughened up enough to unhook my bike from the trainer and get out on some rides. Believe it or not it is supposed to get into the fifties and low sixties in a couple of days. I have my fingers crossed I can get in a 30 miler soon. It's riding time even though we can get some snow in April.