Frequently Asked Questions - Jan. 2000
1. Have all adjacent landowners been contacted informing them of the sale of the Rochester Gas and Electric (RG&E) property to the State?
RG&E has contacted adjacent landowners who previously had agreements with RG&E or who were identified by DEC surveyors as using the RG&E property in some way. During the last two years, RG&E and DEC have met with many adjacent landowners to review their situation and develop a course of action that considers their interests while preserving the remaining integrity of the rail bed and canal prism.
In May 1998, adjacent landowners in Livingston and Monroe counties were sent a letter stating that the State of New York was in the process of purchasing the corridor owned by RG&E. The letter was included with a copy of the Friends of the Genesee Valley Greenway (FOGVG) spring newsletter.
In August 1998, public informational meetings were held in Scottsville, Mt. Morris, Fillmore, and Cuba. At these meetings, representatives of the New York State Department of Environmental Conservation (DEC), New York State Office of Parks, Recreation, and Historic Preservation (OPRHP), Friends of the Genesee Valley Greenway (FOGVG), and RG&E fully described the nature of the project and solicited input from the public. All adjacent landowners were sent an invitation to attend these meetings.
In September 1998, adjacent landowners in Allegany county also were sent a letter stating that New York State was buying the corridor from RG&E. Included with the letter was a copy of the Friends of the Genesee Valley Greenway summer-fall newsletter, the Greenway News.
The letters sent to adjacent landowners in May and September also explained that DEC, OPRHP, and the FOGVG were working with local communities to develop the former canal and railroad route as a 90-mile multi-use trail and natural resource corridor extending from Rochester to Hinsdale.
Since the fall of 1998, adjacent landowners along the corridor in Monroe, Livingston, and Allegany counties have been sent the FOGVG quarterly newsletter, Greenway News. Each newsletter has contained articles describing trail development plans and activities.
In November 1999, it was discovered that names and addresses of adjacent landowners in Wyoming County had not been included in the previous mailings. This oversight has been rectified and these persons were sent the fall issue of the Greenway News.
2. What types of agreements have been made with adjacent landowners to allow them to continue to use or cross the corridor?
Property owners with encroachments on the Greenway have been offered one of two types of agreements. A permanent Easement Agreement has been offered in a limited number of situations such as where property owners must use the Greenway for driveway access to their property. The more common Occupancy Agreement for a specified ten-year term has been used in situations such as farm crossings and structure encroachments. Both types of agreement are intended to define responsibilities, location, and use of the Greenway for the protection and benefit of everyone.
3. What happens if Easement or Occupancy Agreements are not signed before the State takes title to the corridor?
The State is hopeful that all agreements will be signed before the closing date. After the State takes title to the property, anyone wishing to establish a driveway across the corridor or undertake any other use of the corridor must first follow a procedure that requires an act of the State Legislature. This involves having elected officials sponsor a special bill that needs to be voted on by the Assembly and Senate and signed by the Governor.
4. How wide is the corridor that the State is buying? Is the State taking 200 feet of everyone's property?
The State is not taking anyone's property. The State is buying only the corridor of land that RG&E purchased from the Penndel Corporation in 1963. The corridor is not the same width all along its length. The minimum width is about 60 feet. In some places the corridor is more than 200 feet wide. The width varies depending on how the land was used by the railroad and canal. Wider areas were often the location of canal turning basins, railroad stations, rail sidings, or other railroad structures.
5. Wasn't this going to be only an eight-foot wide trail? Why is the State buying so much land?
When the Genesee Valley Greenway project was first initiated in 1991, the intent was to open an eight-foot wide trail on the former Pennsylvania rail bed. Trail was to be established through the efforts of community volunteers and licensing agreements between individual local governments and RG&E. While the primary focus was establishment of a recreational trail, there was also tremendous public interest in the historic canal ditch, locks, and culverts. Volunteer clearing efforts included these historic resources.
In 1994, DEC, OPRHP, and FOGVG were awarded federal transportation enhancement funds enabling the State to purchase the former canal and railroad corridor in Livingston, Wyoming, Allegany, and Cattaraugus counties. In fact, the funding award to the Genesee Valley Greenway was based on the State of New York acquiring and preserving the entire historic transportation corridor owned by RG&E, including the rail bed, canal ditch and associated lands.
When federal transportation monies were awarded to the project, the New York State Department of Transportation (DOT) also became involved on behalf of the Federal Highway Administration and set guidelines for trail construction. DOT recommends minimum two feet wide graded areas on both sides of a shared use trail to provide clearance from trees, poles, fences, and other fixed objects. This is not a problem for the Greenway Trail, as the former rail bed was at least that wide. A twelve feet wide trail with two feet wide graded areas on each side helps to safely accommodate different types of trail users.
6. Why hasn't DEC conducted a boundary survey of the property they are buying?
The Genesee Valley Greenway is a 90-mile former canal and railroad corridor dating back to the 1830s. Early on in the planning stage of this project, it became obvious that a full boundary line survey would be prohibitively expensive and time consuming. DEC survey crews have conducted a centerline survey of the rail bed, using modern Global Positioning System (GPS) coordinates as well as the historic canal and railroad valuation maps, which show boundary lines and original stationing points. Pins have been set in the ground at intervals along the corridor and correlated with the original stationing wherever possible.
Property owners with boundary questions should first consult their own property survey map. DEC's survey maps have been finalized and will shortly be filed in the respective County Clerk's Offices for public reference. In the meantime, owners with specific questions may contact the DEC Real Property Offices. In DEC Region 8 contact Doug Best at (716) 226-5403. In DEC Region 9, contact Rob Stanton at (716) 372-0645.
7. Some persons have used parts of the RG&E-owned corridor since the railroad left in 1963. In some cases they believe this land has been included in their property assessment and they have been paying taxes on it. Now that the State will be using it, won't it cause their property value to decrease?
RG&E has owned and paid the taxes on this corridor since 1963. No one else should have been assessed for land contained in this corridor. If anyone has questions about the amount of property that they are paying taxes on, they should consult with their assessor.
8. Is the State getting this land as part of the settlement of a citation placed on RG&E by DEC?
No. The State is buying the corridor from RG&E using funds awarded to them in 1994 by the federal Transportation Department's Intermodal Surface Transportation Efficiency Act (ISTEA) Transportation Enhancements Program.
9. Is there a chance that this land sale will not take place?
The closing date is set for January 31, 2000
10. Does every adjacent landowner have to take out a liability insurance policy just because they live next to the Greenway?
No. Liability insurance may be required only in certain circumstances, when a permanent Easement Agreement is sought
11. In Allegany County, there are a number of places where the river has washed out the rail bed. What are you going to do there?
The trail will now detour to the road shoulder in these locations. Each situation has been located and photographed by DEC. Subsequently, professionals from DEC and OPRHP and, in some cases, the DOT will study each area to determine the best course of action for maintaining a continuous trail that meets the needs of hikers, bicyclists, horseback riders, cross country skiers, and snowmobilers.
12. Is it possible to detour the trail to the shoulder of public roads?
DEC, OPRHP, and FOGVG will work closely with NYSDOT, counties, and towns to choose the best route for the trail. Every effort will be made to minimize the use of the road shoulder and maximize safety.
One of the most important aspects of the Greenway is that it includes an off-road trail that provides the public with a place for recreation and the means to move within and between communities without having to interact with road traffic.
13. There are a number of places in Allegany County where the canal and railroad crossed large water bodies such as Wiscoy Creek, Cold Creek, Caneadea Creek, Houghton Creek, Crawford Creek, and Black Creek. How will these distances be spanned?
In July 1999, DEC and FOGVG applied for federal transportation enhancement funding to help overcome some, but not all of these obstacles. If awarded, this funding could provide for either a new bridge on the remaining abutments at Wiscoy Creek or refurbishment of the Minard Road Bridge, depending on which of the two alternatives is most economical. Federal transportation funding could also be used to cross the gap at Houghton Creek and to purchase the Erie River (Conrail) Line between Cuba and Belfast, in order to provide a means for bridging and bypassing washouts along Black Creek.
As spanning Cold and Caneadea Creek is costly, presently the trail will detour to the Route 19 bridges, which are located nearby. It is hoped that the Crawford Creek crossing will be addressed when NYSDOT undertakes a road realignment project in that area within a few years.
14. Who will be responsible for law enforcement on the Greenway in Wyoming and Allegany counties?
The Greenway partners will work with elected officials and all law enforcement agencies to develop a plan for adequate enforcement coverage for the area.
Where the Greenway is already open in Livingston and Monroe counties, the number of incidents has been low. Local law enforcement officials have worked with NYSDEC Environmental Conservation Officers and NY State Park Police to address issues as they arise. The public has been helpful in informing the officers of situations that need their attention.
15. When will the Greenway be developed in Allegany County?
Already five miles of Greenway are open and being used by the public between Rockville (Route 305 crossing) and South Road in the Town of New Hudson. A Cuba-New Hudson local committee has been in existence for more than one year. The committee has spent many hours in trail clearing, trash removal, and promotion of the Greenway in this portion of Allegany County. They have also received in-kind support for trash removal, small bridge repair, and trail clearing from several local businesses and Allegany County Department of Public Works.
Further development of the Greenway in Allegany County will depend on future funding and community interest.
Questions about the FOGVG or the Trail? Email:
Fran Gotcsik, Executive Director - fogvg@aol.com
Trouble or questions about this website? Email:
Brian Managan - fogvg@netacc.net
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See You on the Trail!