Environmental liability delays rail trail deal



By Zach Simeone
VOORHEESVILLE — Who would be responsible if environmental clean-up were needed on the old Delaware & Hudson railroad" The United States and Canada disagree on the matter.

The difference has stalled negotiations that would allow nine miles of the old railway, running from Voorheesville to the Port of Albany, to be converted to a recreational trail.
Voorheesville Mayor Robert Conway said at Tuesday night’s village board meeting that he hopes for a resolution in the near future. However, he said, "There’s a tremendous liability concern that they’re dealing with."

Negotiations with Canadian Pacific Railway, which have been underway for more than a decade, have been derailed several times.

In Canada, environmental liability falls on the buyer of a railroad; in the United States, it falls on the seller, according to Martin Daley, project director for Parks & Trails New York.

Albany County and Scenic Hudson are not interested in addressing any environmental hazards of the purchase, he said last week. His organization has been a sideline advocate for the rail trail project, helping out with funding and promotion.
"Acquisition of a railroad is a very delicate procedure. Their primary focus is to sell the line and get as much money as possible for it," he said of CP Rail. "One thing that’s difficult is getting that amount of money and getting into negotiations with the owners."
There have been staff changes on both sides of the table since negotiations started, and where there may have been progress made with previous members of staff, "they’ve run into some roadblocks," Daley explained. "The latest major sticking point is the environmental liability issue."

If Albany County purchases the property, the rail trail will act as a junction between other trails, parks, and municipalities including Voorheesville, Bethlehem, and the City of Albany.

Scenic Hudson, a not-for-profit organization founded in 1963, has been working together with Albany County to buy the land from Canadian Pacific Railway. In 1995, the county received $350,000 from the New York State Land and Water Conservation Fund; Scenic Hudson matched that grant.
"It has great potential to become a vital recreational attraction, serving the entire Capital Region," said Seth McKee, land-conservation director for Scenic Hudson. "Rail trails are a fantastic way to create opportunities for people to enjoy the outdoors, for children to ride bicycles in a safe environment, and for promoting ‘green’ transportation," he said last week.
"I just want to echo that this is a great project that will link a lot of communities," Daley told The Enterprise last week. "And with issues now like rising gas prices and childhood obesity, projects like this are a great help."

McKee and Daley hope that negotiations will be closed by the year’s end.

Other business

In other business, the village board:

— Offered its condolences to the families of Ray O’Malley and Larry Phinney;
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— Discussed setting up a meeting with Dutch Valley General Contracting for completing renovations of the firehouse; and
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— Voted unanimously to schedule a workshop meeting for Wednesday, Feb. 13.

More New Scotland News

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  • New Leaf Energy’s latest proposal is for the installation of two five-megawatt, 20,000-kilowatt-hour systems at 37 and 128 Wormer Road, properties owned by Councilman Adam Greenberg. 

  • In multiple court filings made since first dropping its federal suit in early October, Norfolk Southern has asked for a declaratory judgment stating that federal jurisdiction over the railroad industry preempts Voorheesville’s zoning law.

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