Lewis County and railroad company GVT discussing track sale for trail project

Julie Abbass, Watertown Daily Times, N.Y.
·4 min read

Aug. 27—LOWVILLE — After being ordered into mandatory mediation by a federal judge, Lewis County and Genesee Valley Transportation Co. are discussing the county's potential purchase of three sections of railroad track for use as recreational trails.

U.S. Magistrate Judge Andrew T. Baxter, Northern District of New York, recommended on July 6 that the county and railroad company discuss the 37 miles of track through a mediator before he would consider GVT's June lawsuit that would change the rules governing the county's eminent domain effort and prevent the surveyor contracted by the county from accessing the railways to assess their current condition and establish a value.

"The judge basically looked through all the lawsuit information and turned right to the railroads (GVT) and said, 'These guys have offered to buy this multiple times, in writing, and you haven't responded. So what's the deal? Do you not want to sell? If you do want to sell, what's the price?'" said County Manager Ryan M. Piche. "So, they're sending us into court-ordered mediation."

The date for the mandatory mediation was set for Sept. 14 with Syracuse-based Mitchel J. Katz acting as mediator.

Following the judge's order, GVT contacted the county to set up direct discussions using in-house attorneys instead of the eminent domain specialist lawyers they have each contracted in order to come to agreement before mediation is set to begin, Mr. Piche said, saving the additional attorney and mediator fees to be incurred in mediation.

"The entire goal of eminent domain was, obviously, to acquire the property, but more importantly, we wanted to bring folks to the table," Mr. Piche said. "Our attorneys told us right at the start that 85% of eminent domain cases result in settlement. Obviously, that's the preferred outcome in this case as well."

Speculation circulated this week around Lewis County held that the county's eminent domain bid was "shut down," and that the county has offered significantly over the market value — double according to some variations of the scuttlebutt — while other gossip streams had the offer at $2 million, all of which are either inaccurate or currently unprovable.

"The question is market value and who determines that, so I don't know," Mr. Piche said. "The first part of their (GVT's) lawsuit for eminent domain was to block our ability to go on (the railways) and get an appraisal survey done, so there's certainly questions about market value. That's (a survey to establish value) literally the first step of eminent domain."

He added that he would not comment on the content of the discussions with GVT including whether an offer has been made and if so, the amount of that offer.

The judge will only rule on the eminent domain lawsuit if the parties can't reach an agreement independently or through the assistance of a mediator in September.

"Who knows where the negotiations will go? I wouldn't even want to comment on the negotiations, but the fact of the matter is that date for mediation is set and that's not going anywhere. ... Of course eminent domain — the forced taking — is the absolute last resort. That's always been our mind-set. If we can avoid that then that's obviously preferred," Mr. Piche said.

Although many of the landowners who have spoken out against the rails-to-trails project had heard the rumors, they said they have not heard from the county or GVT and did not know about the discussions underway.

Joanne W. Dicob, who with her husband Rodney, owns property in the town of Lowville, said that while "it's not over until it's over," she believes "there will be an uprising" if the county spends millions of dollars for the tracks and makes it all available for motorized recreation use — which she believes will benefit visitors to the county more than residents. Their property is cut by tracks about 100 yards from their home and includes a truss bridge and a long trestle bridge.

"All I'm saying is that if you're going to do something, do something for the community rather than the transients that are coming in from all over the place," she said. "I'm clearly behind the railroad and not having trails there and I'll never be happy with it ... but we did this for us, not for GVT."

Mrs. Dicob, landowner Larry L. Pacola and Brian R. Reape, who is co-owner of a family farm in Castorland, created and paid for 200 "anti-rail trail" signs that are posted on lawns around the county.

"For me, I'm not opposed to ATVs," Mr. Reape said. "I'm not opposed to recreation pretty much in any form, but when it's going to have a negative effect on my business, then I'm a little upset over it."

Representatives from GVT could not be reached for comment on their discussions with the county or whether they now intend to sell the tracks after insisting in June they were not for sale.