Moody v. Allegheny Valley Land Trust

OPINION

Justice GREENSPAN.

In this appeal, we hold that as long as the requirements of Section 1247(d) of the National Trails System Act are met, a railroad right-of-way is “railbanked” regardless of whether the rail operator agrees to resuscitate service. Accordingly, we affirm the Superior Court’s decision below.

Railbanking is the preservation of an easement that was previously used as a rail thoroughfare by allowing interim trail use on the right-of-way, subject to revitalization of rail service at a later date, consistent with the requirements of Section 1247(d) of the National Trails…