From the High Line in New York to the Atlanta BeltLine to the extensive trail network in the Seattle metropolitan region, the Kaplan, Kirsch team has worked on railbanking projects that have transformed the urban landscape by finding new uses for rail corridors that enhance the quality of life in our clients’ cities.
Because railbanking agreements under the National Trails Act often involve complex issues relating to real property rights, transaction structure and timing and conformance with strict regulatory requirements, most railbanking transactions demand a diverse range of negotiating skills and detailed knowledge of Surface Transportation Board (STB) procedures. We have extensive experience moving projects efficiently through the Board’s process and have established relationships with the nation’s major railroads, who are frequent negotiating partners. Our lawyers have successfully defended railbanking agreements from challenges by adjoining property owners asserting reversionary rights, as well as by entities seeking to revive rail service on railbanked corridors.