Maryland Code § NR-5-1010

Section NR-5-1010
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(a) The General Assembly finds that:
(1) In order to provide the public with access to the use, enjoyment,
and appreciation of the outdoor areas of Maryland, it is declared to be the public
policy of this State to provide the means and procedures for establishing and
expanding a network of recreational and scenic trails;
(2) Abandoned railroad corridor property is a unique source of land
corridors that are, in many cases, suitable for recreational trails;
(3) Railroad corridor property is being abandoned at a high rate and
is often sold in segments, thereby fragmenting the original corridors and leaving
unconnected segments which may be suitable for acquisition for recreational trail
use;
(4) The preservation of abandoned rail corridor property for use as
recreational trails is in the public interest; and
(5) A systematic and continuing statewide program of acquiring
abandoned railroad corridor property is needed to preserve this unique and
irreplaceable source of recreational trails.
(b) (1) The Department shall maintain liaison with, provide factual data
to, and work with the Department of Transportation, the State Railroad
Administration, the Department of Planning, other agencies, and local governments
to determine the suitability for trail purposes of railroad corridor property proposed
for abandonment.

(2) The Department may conduct feasibility studies and appraisals
of railroad corridor property proposed for abandonment.
(3) The Department may acquire railroad corridors pursuant to the
National Trails Systems Act, 16 U.S.C. § 1241 et seq., as amended.
(c) (1) If, under the provisions of § 7-901 of the Transportation Article,
the Department of Transportation acquires railroad corridor property considered
suitable for use as recreational trails, the Department may request interim use of the
property for public recreational use.
(2) The Department may lease a corridor from the Department of
Transportation and sublease it to a local government subject to all the terms and
conditions of the original lease.
(3) Any lease of railroad corridor property by the Department for
interim use for public recreation shall be subject to restoration or reconstruction for
railroad purposes, and the interim use may not be considered as an abandonment of
the use of the railroad corridor for railroad purposes.
(4) Prior to undertaking the development of a railroad corridor
property for recreational use the Department shall conduct a public hearing in the
affected county. The hearing shall be advertised in a newspaper of general circulation
in the affected county for 3 consecutive weeks.

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