It would seem that one of the more unfortunate things that railway (and other) preservationists commonly run into is a usually small, but vocal group of NIMBYs (Not-In-My-Back-Yard) who, upon hearing of a group's intention to resurrect an unused rail line for example, mount a quick and furious opposition for a variety of reasons. I would think there are many of you who have experienced this and I was wondering what sort of problems you have had and how you have dealt with them, or how you have avoided them altogether.

Thanks.

They make geat replacements for rotten ties.

Be aware of your legal entitlement to operate a railroad line or your lack of it from the beginning. They may not have a leg to stand on, you may not either.

Dave

lathro19@idt.net

My understanding is that whether the track is officially abandoned or not has the most to do with it. Minnesota Transportation Museum was donated a branch by BN that had been through the abandonment process with the ICC, but was still intact. Local NIMBYs succeeded in getting some local ordinances passed that severely limited its use. It was not entirely clear whether these ordinances were legal or not, but it would have emptied the treasury to fight them, thus the track was sold to the dinner train which shared the route, and could live with the restrictions. The Ma & Pa folks in PA have had similar problems, under similar circumstances, and I think their litigation is still in process. Reopening the old Rock Island line east from Kansas City has been repeatedly challenged by NIMBYs, but shot down in the courts every time, apparently because it never went through the abandonment process. This line appears like it will eventually become active for freight service again someday. Real estate developers building near the tracks told new homeowners that trains would never run there again, so don't worry about those old RR tracks behind your house.

> They make geat replacements for rotten ties.

> Be aware of your legal entitlement to
> operate a railroad line or your lack of it
> from the beginning. They may not have a leg
> to stand on, you may not either.

> Dave


ryarger1@nycap.rr.com

Federal law regarding railway trackage ALWAYS supercedes local/state regulation and ordinances. If any entity takes over a row and asks for and obtains STB authority to operate there is no legitimate, legal standing for NIMBYS to oppose.
As an aside, my loathing of those who relocate next to a RR and bemoan noise, or a move next to a dairy and hate the smell and then make their life's pursuit the destruction of that which offends their delicate senses leads me to hope someone, some day would introduce them to the joys of trying to live in a new pile of ashes in the country!

Several yars ago I was called by a "crusading journalist" from Durango trying to whip up opposition to the coal burning locomotives on the D&S. It seems that many recent immigrants from California were offended by the smoke and smell.

My response was that they might have noticed those big black things before choosing their new home, and if it was offensive they were more than welcome to return to from whence they came where that sort of idea has developed into the power plant shortage we saw so vividly illustrated last winter.

Dave

lathro19@idt.net

You can't please everybody all of the time, but in some cases NIMBYs have legitimate concerns that should be understood by preservationists. Times do change, and former rural or industrial areas convert to residential, and the fact that the railroad was there first may not earn much sympathy. This is especially true if the rail line in question has been dormant for a long time. Common carrier status from the STB may help you win the legal battle but you can still come out a loser in the end. Especially these days with so many railroad museums seeking public funding for their activities.

We may consider turning back the clock to be a good thing, but you can't expect everybody to agree. You wouldn't want something disruptive coming into your quiet neighborhood either.

Understanding the opposition's point of view and building a strong political coalition from the beginning is the best way to go. A court fight is the last thing you want, but if all else fails, you're probably going to wind up there anyway.

Alan Maples

AMaples@aol.com

> Here in Fort Collins, Colorado we had a classic case of NIMBY when we rebuilt the Mountain Avenue line of the Fort Collins Municipal Railway. A group called the Parkway Preservation Society was formed to oppose the project. The PPS spent 10 times the money that the FCMRYS spent fighting them in court, restoring streetcar #21 and rebuilding the line put together. The bottom line was that we engaged in a legal contract with the City of Fort Collins which gave us the right to do it. Perseverance pays off in the end.
Roger Mitchell
Master Mechanic, Motorman Instructor, President Emeritus and Director:
Fort Collins Municipal Railway
Vice President: Northern Colorado Amateur Radio Club. DE N0MCR


http://www.fortnet.org/trolley
n0mcr@netzero.com

The best way to deal with NIMBYs is not to generate them in the first place. Keep a low profile at first, don't announce any grandiose plans and be a good neighbor. Try to keep the noise down (that means no riveting after dark or whistles in the yard before 8 am on Sunday). Donate passes or goods to charities and develop community programs with schools and churches. You will still get the old lady complaining about the noise, but this is to be expected.

ironbartom@aol.com

ok...here's a half-assed idea from a guy with one buttock...let's find all these maggots, and tie then up in a pile, then run em down with an Ice Cream truck.That way, we'll always know where they are, and we can always run around them if we want to open a line somewhere...Don't let em get one minute older, that's what I say...Let's turn the tables on em. Torture them. Pull their fingernails out with a pair of pliers...Torture them NIMBY---Not-In-Minutes-But-Years
>


redhotseat@juice.com

The path of least resistance is certainly the best approach to take, whenever possible. In its early days, TVRM had to deal with city ordinances which addressed open burning and also placed specific limitations on plants burning fossil fuels. Through good local political ties, TVRM was able to get the City of Chattanooga to modify its municipal code and pursuade the local state air pollution control agency to permit the railroad museum to operate its steam locomotives. We do also actively attempt to restrict noise whenever possible. You're always going to get a certain level of complaint from people in the community. By attempting to be a good neighbor, most prudent and reasonable folk will not have anything to complain about. Support from the local community is essential and each group should take care not to burn their bridges.

envlink@voyageronline.net

Comunity support is one of the principal items that should be considered in the first feasability study done before you write your business plan. If there won't be any, and your operaton is a cultural resource or a tourism resource, plan on a short and troubled life.

I can't help ut again look at the need for a freindly ambassador from our industry to promote railroads to adults in the general population - most of whom believe that trucking is cheaper and better!

Dave

lathro19@idt.net