CAMM demands CKC present program
After almost five years of dormancy, the rails-to-trails issue has once again sprung to life.
Representatives of Citizens Association of Marion and McPherson counties and Central Kansas Conservancy appeared before county commissioners Monday to present their concerns.
CAMM representatives Kevin Jost and Ron Bartel said they had noted some activity on the railroad right of way and were concerned that the trail group had not presented a plan.
CKC wants to develop a recreational trail between Marion and Canton.
"Let's get a plan for the 33 miles," Jost said.
Bartel tended to be more confrontational. He has property bordering both sides of the abandoned railway.
"As long as there is no established plan, it's my property," he said.
He would like to run a fence across the right of way so he could run cattle there.
Jost said Central Kansas Conservancy has recognized state law regarding trail development.
"Let's get a plan and get a bond established," he reiterated. "If we are going to build a trail, let's abide by laws to protect landowners."
Both men were concerned about possible liability claims that could arise out of people coming onto their properties without permission.
The law requires that fences be built along the right of way.
"Fencing is to keep cattle off the trail and keep people off our property," Bartel said. "We have a right to be concerned about liability issues."
They pressed commissioners to seek a written plan from CKC.
After Bartel's and Jost's presentation, Stan and Jolene Thiessen and Robert Welfly addressed commissioners on the benefits of a trail.
"There are more issues than recreation," Thiessen said.
He argued that a trail would promote historic preservation. He gave the example of the confluence of the Santa Fe and Chisholm trails west of Lehigh.
He said historical markers are being placed along the Chisholm Trail from south to north, and have been placed from Texas as far north as Wichita. The trail ends at Abilene.
Thiessen said a trail would create economic development.
He cited the Prairie Trail in Butler County which is "out in the middle of nowhere" but had created a lot of economic activity with trail rides and chuckwagon suppers.
"There's nothing to stop us from doing that between Marion, Hillsboro, and Canton," he suggested.
He said a trail would provide opportunities for towns to create parks, recreation, and other activities along the parts of the trail within their city limits.
He also suggested that a trail would promote tourism, bringing people to towns just because they are along the trail.
An advantage of the Marion to Canton railroad right of way, Thiessen said, is that most of the material needed for a good trail is already in place.
He noted that property ownership was granted to CKC by the Surface Transportation Board. He said Marion County has the right to assess taxes.
When asked about a plan, Thiessen said, "We're working on a plan."
Ron Peters was present and pointed out that no one knows what transportation will look like in the future. He said the 1983 Railbanking Act provides that the railroad company can take the railway back whenever it wants to.
In closing, Thiessen noted that people working on the right of way have been opposed — threatened, cursed at, and so forth.
"We are not interested in confrontations," Thiessen said, "but issues have to be resolved."
Marion County Sheriff Lee Becker was present during the presentations. He said his department will work to keep the peace, but he will let judges and attorneys resolve the issues.
