Ensuring Safe and Clear Path for Modern Rail and Trail Commuters
The Sonoma-Marin Area Rail Transit (SMART), aiming to revive rail service in Sonoma and Marin counties, launched services in 2017 to reduce traffic on Highway 101 and lower gas emissions. The plan always included a parallel bike and pedestrian pathway to create easy access to stations – without the need to drive to catch the train – and provide a continuous safe route across multiple cities.
SMART has been building the pathway in segments when neighboring landowners contended that SMART only had the right to operate rail within its corridor, and not use it for recreational pathway purposes. The neighboring owners sought $30+ million in damages by claiming SMART was infringing on their property rights.
We successfully defended SMART against the owners’ quiet title claims, securing a complete trial victory which allows the project to move forward. Our attorneys argued that SMART’s railroad deeds conveyed SMART a fee interest, and/or contain language that provides SMART rights broad enough to permit the corridor’s intended use. Furthermore, the bike and pedestrian pathway is functionally connected to transit operations, serving as a first and last-mile access for riders.
The bike and pedestrian pathway will complete a connected, flexible transportation network that people can realistically use in their daily lives. The community won’t just have a functioning standalone train line, as the trail links biking and walking directly to transit, making the system more accessible, safe, and practical.
