North Carolina Rail-Trails
News on Possible Abandonment of
Brevard-Hendersonville Rail Corridor

December 18, 2008

Dear Friends of Rail-Trails:

You receive this email, because I believe you may have an interest in the Norfolk Southern (NS) Railroad line between Hendersonville and Brevard, NC. It has had no traffic for over 2 years and will likely be abandoned. The corridor should be Federally Railbanked. For a name, I'm call the converted railbed, the Apple Mountain Music Trail, (AMMT). Hendersonville's Apples and Brevard College's Music. It must be preserved as a regional rail-trail and protected for future transportation options.

If NS decides to abandon the corridor, North Carolina Rail-Trails would offer to assist NCDENR to request a Federal Railbank from the Surface Transportation Board and negotiate with NS for the acquisition of the railroad's property and interest. NCDENR holds property through the State Property Office and has the authority to buy land and hold state parks and trails. NS may want money for their interest, a tax benefit or both.

Mike Domonkos of Brevard, a retired administrative law judge, on North Carolina Rail-Trails' Board of Directors, represents NCRT in the mountains. He has been active with rail-trails for over a dozen years. Mike's quarterly report to NCRT of 10-11-08 gives an update of where the players are regarding this rail corridor. (SEE BELOW) Mike's phone number is 828-884-7648 - email bardofb@citcom.net

Jerry Smith, Jr, of Henderson County's Apple Country Greenways Commission has expressed interest in preserving the rail corridor and has agreed to collect names of interested persons for contact regarding future community effort for a rail-trail. Jerry's cell phone number is (828) 243-9123. His e-mail is jj81868@hotmail.com.

You can help with the AMMT! You may volunteer with Mike or Jerry. There needs to be a coordinated ground swell of grass roots support/advocacy for the AMMT for DENR and NS to take notice. The vision is the formation of a two county steering committee, representing all stake holders, the public's interest, local governments, bicycling and walking interest, tourism development and community connectivity. We seek a Hendersonville and Brevard connection - a rail-trail.

Transylvania and Henderson Counties and all the communities between Brevard and Hendersonville will benefit greatly from a preserved rail corridor and its conversion into a rail-trail of regional significance - the Apple Mountain Music Trail.

Regards,
AL Capehart
President NCRT
919-542-0022


Mike Domonkos’ Project Report for the October 11, 2008 NCRT Meeting

Wilson, et al v. Norfolk Southern Ry Co.
This case was brought by adjoining owners of the 18 ˝ mile inactive rail corridor between Hendersonville and Brevard. They claim that Norfolk Southern (NS) has abandoned or is abandoning the corridor and that NS only owns an easement interest and upon abandonment, the corridor reverts to the adjacent owners. They seek a declaratory judgment to that effect. They also seek to prevent a possible railbanking. NS had the case removed from the local state court to the federal court in Asheville. NS rather than answering the allegations and burdensome discovery requests, appropriately filed a motion to dismiss on October 6, 2008. NS asserts that the case is premature as there has not been even the first step to abandonment. Also, NS asserts the lawsuit is improper as the abandonment issue is wholly within the jurisdiction of the federal Surface Transportation Board. Also NS asserts that regardless of the nature of the ownership of the property, a possible railbanking would prevent a reversion under state property law.

Brevard Bike Path
The ribbon cutting on July 26 for the third phase of the 4 mile bike path was attended by Carolyn Townsend, Al Capehart and Mike Domonkos. A half mile of the trail lies on the old Norfolk Southern rail bed. Another mile or so further extension will be on the old Carr Lumber Co. rail bed when the trail enters Pisgah National Forest. Davidson River Village (DRV), the brownfield redevelopers of the shuttered Ecusta Paper mill, is extensively incorporating the trail in its residential, retail, resort and commercial development. DRV is donating a major sized easement along the Davidson River permitting entry into the national forest. Clean Water funds are being sought and the state NCDENR PARTF fund is making a $72,000 grant to help develop the trail connection to the national forest.

Hendersonville to Brevard Rail-Trail Status
NCDENR was interested in developing the 18 ˝ mile inactive Norfolk Southern rail corridor into the first state rail-trail. The effort stalled when Davidson River Village(DRV), the redeveloper described above, asked that the rails not be taken up as its redevelopment might need rail access. Transylvania County concurred and the City of Brevard halted efforts to promote the rail-trail. On several occasions recently, DRV has announced its plan which does not include any industrial or other facilities that could use rail service. Informally DRV has favorably discussed the rail-trail which would fit in with the hotel and resort planned as part of its development. It is hoped that DRV will soon publicly urge development of the rail-trail which should restart the state rail-trail effort.

EMail Inquiries: AL Capehart

 

PO Box 61348 - Durham, NC 27715-1348

Return to Front page