Senate amends and passes bill to pursue recreational trail easements along unused railroad right-of-way

Senate Bill 289, introduced by Senator McAllister, would require that certain lease arrangements include easement provisions to allow the state, local authorities and the Division of Parks and Recreation an opportunity to reserve recreational-trail rights on portions of unused railroad right-of-way by July 1, 1994.

Senator McAllister described prior conversations with the Department of Transportation and concerns over the Heber Creeper right-of-way in Provo Canyon. He argued the bill preserves citizens’ opportunity to walk, jog and bicycle along sections of the right-of-way where the corridor is wide enough, and gives agencies a year to determine easement provisions and compatibility with existing leases.

Floor debate centered on safety, environmental permitting and whether to qualify the requirement with language such as 'if reasonably possible.' Senators argued both sides: some warned that a mandatory requirement could jeopardize a future trail by forcing agencies to deem it impossible; others proposed additions to limit agency exposure and ensure safety. Senator Marine proposed inserting 'if reasonably possible' after 'granted,' and Senator McAllister sought language allowing the authority, DOT and Division of Parks and Recreation to determine provisions jointly. The Senate adopted an amendment requiring all three parties to determine easement provisions 'if reasonably possible.'

After the amendment was adopted, the Senate voted and the clerk recorded that SB 289 passed with 23 ayes, 3 nays and 3 absent. The bill was sent to the House for further action.