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“We felt it was written in stone that once the railroad company abandoned that, it was ours,” says Jayne.
So it came as a surprise when a neighbor shared a newspaper clipping that detailed the state’s planned conversion of the railroad into a public hiking and biking trail.
The Glosemeyers were stunned. It couldn’t be true. Could the government really do such a thing—just seize land—without first notifying the property owners, or even paying for it?
“This wasn’t even an eminent domain thing,” Jayne recalls. “Eminent domain at least makes sure you get compensated. When something like a highway comes through, they have to purchase [the land]. They can’t ignore that you exist and steal your property.”
Unbeknownst to them, three years earlier Congress had passed rail-banking amendments under the National Trails Systems Act to “preserve established railroad corridors for interim trail and future trail use.” Trail activists across the nation began using this new legislation to create recreational paths.
“The sad thing with this whole affair was that the majority of the landowners along the Katy Trail, had they been approached and asked, ‘Will you sell us your property?’ they probably would have done so,” Jayne says. “But to be treated so that you have to read about it first in the sports section? That’s low.”
They weren’t alone in their anger.