[Congressional Record Volume 143, Number 118 (Tuesday, September 9, 1997)]
[House]
[Pages H7011-H7012]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             RAILWAY ABANDONMENT CLARIFICATION ACT OF 1997

  Mr. RYUN. Madam Speaker, I am here today to discuss one of the most 
fundamental rights contained in the Constitution, the right to own 
private property. My bill, the Railway Abandonment Clarification Act, 
protects private property owners whose land once held a railway. 
Specifically, it returns powers to the States to determine how to 
develop railways into trails.
  It boils down to this: The farmer owns a piece of land. The farmer 
allows a railroad to lay a railway, that is, the ties and the tracks, 
across his land, and to use the land. He grants the railroad an 
easement, but keep in mind, the farmer still owns the land.
  When the railroad stops operating its trains and removes the tracks 
and railroad bed, again, the farmer still owns the land. However, the 
problem is that the Federal Government currently tells farmers they 
cannot use their own land. Instead, the Government tells farmers that 
the land belongs to the public.
  Now, let us talk for a moment about how in the world private land 
becomes public.
  In 1983, Congress passed the National Trails Act, which took power 
from the States and determined that when a railroad removes its tracks, 
the land is not abandoned--no tracks, no ties, and yet, the land is 
still not considered abandoned. It seems to me that this is a prime 
example of the absurdity of Federal Government. The way this 1983 law 
is written, the Federal Government not only prevents the farmer from 
using his land, but it invites special interest groups to come and use 
the farmer's land for recreational purposes. These special interest 
groups are granted permission for interim use of the farmer's land. The 
Federal law tramples on the property owner's rights and it tramples on 
the rights of many State governments.
  Kansas law, for example, says that when a railroad ceases to use its 
tracks on the farmer's property and the trains stop rolling, the use of 
the land automatically reverts to the rightful landowner.
  The Founding Fathers wrote the fifth amendment to the Constitution to 
protect private property rights. While best known for its protection 
against self-incrimination, the fifth amendment also contains what we 
call the ``takings clause'' which states, ``no person shall be deprived 
of property without due process of law, nor shall private property be 
taken for public use without just compensation.'' This clause provides 
a constitutional shield that specifically rejects the idea that the 
Government can seize the property of landowners without compensation, 
regardless of what public good is accomplished.
  In the first 10 years after the enactment of the National Trails Act, 
the Government took property from 62,000 landowners, and thousands more 
have lost their property in just the last few years. Not one of these 
aggrieved farmers, landowners, or homeowners has received any 
compensation for their loss. It is evident that our constitutional 
right to own property is eroding, and this must stop.
  My bill will head us in the right direction. The Railway Abandonment 
Clarification Act ensures that farmers and property owners have the use 
of their own land. It conforms Federal railway abandonment law to the 
Constitution. It preserves a State's right to determine private 
property issues, and it continues to encourage trail development.
  I want to make it clear that my bill does not repeal the National 
Trails System Act. It does return constitutionally granted powers to 
the States and allows them to determine how trails will be developed.
  As a runner, I have covered many miles on trails, more than I care to 
count, and I appreciate good surfaces to run on. But my own desire to 
run on a trail should not come at the expense of a property owner, 
whose constitutional rights rest in the balance.
  Again, the farmer owns the land, he owns the soil and everything 
beneath the ties and the tracks. The ties and the tracks belong to the 
railroad. When the railroad removes those ties and tracks, there is 
nothing left but the land owned by the farmer.

[[Page H7012]]

  Somehow, the Federal Government does not believe that Kansans and 
Americans know how best to use their own land. Instead of making the 
rights of private property a priority, the Government has made 
recreational use a priority.
  This error in Federal legislation needs to be rectified. My bill 
would change the law and restore private property rights issues to the 
State, and ensure Kansas farmers and property owners the use of their 
own land by conforming the national railway abandonment law to the 
Constitution.
  Madam. Speaker, I urge my colleagues to support this bill and to 
restore private property rights to Americans.

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