Presentation on theme: "Kansas Communities Supporting Walking and Biking April 9, 2014 The information and assistance provided in this webinar does not constitute legal advice."— Presentation transcript:
Kansas Communities Supporting Walking and Biking April 9, 2014 The information and assistance provided in this webinar does not constitute legal advice or legal representation.
Just a reminder…. The information and assistance provided in this training does not constitute legal advice or legal representation.
Objectives Understand framework of active transportation and recreation in HCI communities. Discuss key policy questions and legal issues raised by HCI communities. Identify resources available to HCI communities to further active transportation and recreation policy priorities.
HCI Communities Working on Bike/Pedestrian Policies
Comprehensive Plan Complete Streets Policy Master Bike/Ped Plan Active Transportation Council Active Transportation Design Standards SRTS Crosswalk Policy Mitchell CountyBarton County Franklin County Thomas CountyShawnee CountyFinney County Stafford County Dickinson County (Abilene) Harvey County Reno County Crawford County Active Transportation and Recreation Policy Priorities
Kansas Bicycle and Pedestrian Resources Using Local Government Policies to Support Walking and Biking Understanding Kansas Roads Understanding Kansas Sidewalks Accessibility Requirements for Kansas Sidewalks Understanding Kansas Trails and Shared Use Paths Differences Between Active Transportation and Recreation Facilities in Kansas Using Kansas Roads and Sidewalks for Active Transportation Using Kansas Trails and Shared Use Paths Using Railroad Property for Community Trails (coming soon... http://publichealthlawcenter.org/topics/special- collections/kansas-resources)http://publichealthlawcenter.org/topics/special- collections/kansas-resources
Using Local Government Policies to Support Walking and Biking
Local Ordinances and Resolutions Internal Department Policies Master Bike/Pedestrian Plan or Committee Comprehensive Plan Active Transportation Council Active Transportation Design Standards Complete/ Livable Streets Safe Routes to School/Crosswalk Policy
Recent Rails-to-Trails Developments Rails-to-trails projects have generally been done in 3 different ways: “Railbanking”: Preserving corridors for future use by converting it into a trail. Rail-with-trail: Building a trail that parallels an active rail corridor. Conversion of Abandoned Railroads: This method has been affected by a recent Supreme Court ruling.
Recent Rail-to-Trail Supreme Court Ruling Marvin Brandt Revocable Trust v. U.S. Decided in March, 2014 and directly impacts rail-to-trail initiatives. Holding: Once abandoned, the full rights to the railroad property are transferred back to the original landowners. Only federally granted rights-of-way after 1875 are directly affected by this ruling. There is no database of federally granted rights of way so the legality of starting a project can be difficult to determine.
Exceptions to the Ruling Railbanked trails Right of ways acquired before 1875 The title was actually acquired from a private landowner The trail manager owns the adjacent land The trail manager holds the title to the corridor The railroad corridor is in one of the original 13 colonies
Resources Kansas Department of Transportation Kansas Bicycle and Pedestrian Plan - http://www.ksdot.org/burRail/bike/pdf/bikeplan1995.pdf http://www.ksdot.org/burRail/bike/pdf/bikeplan1995.pdf Kansas Safe Routes to School - http://www.ksdot.org/burTrafficEng/sztoolbox/Safe_Routes_to_School_links.asp http://www.ksdot.org/burTrafficEng/sztoolbox/Safe_Routes_to_School_links.asp U.S. Department of Transportation http://www.fhwa.dot.gov/environment/bicycle_pedestrian/overview/bp-broch.cfm#funding http://www.fhwa.dot.gov/environment/bicycle_pedestrian/overview/bp-broch.cfm#funding Rails to Trails Conservancy http://www.railstotrails.org/index.html http://www.railstotrails.org/index.html KanBikeWalk http://www.kanbikewalk.com http://www.kanbikewalk.com Kansas Department of Wildlife, Parks, and Tourism http://kdwpt.state.ks.us http://kdwpt.state.ks.us Public Health Law Center http://publichealthlawcenter.org/resources/active-transportation-minnesota-resources- dedicated-pedestrian-bicycle-and-non-motorized-t http://publichealthlawcenter.org/resources/review-federal-and-minnesota-laws-pedestrian- bicycle-and-non-motorized-transportation http://publichealthlawcenter.org/topics/special-collections/kansas-resources