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CHATHAM v. BLOUNT COUNTY

1981019.

789 So.2d 235 (2001)

William A. CHATHAM et al. v. BLOUNT COUNTY et al.

Supreme Court of Alabama.

January 5, 2001.

Attorney(s) appearing for the Case

I. Ripon Britton, Jr., and E. Shane Black of Hand Arendall, L.L.C., Birmingham, for appellants William A. Chatham, Al Davenport, J.D. Nix, Edna V. Gunter, Jim Loftis, Ed Cowden, and Herbert Spitzer, individually and as class representatives.

Jeffrey L. Ingram of John Martin Galese, P.A., Birmingham, for appellant Dave Ingram.

Gerald D. Colvin, Jr., of Bishop, Colvin, Johnson & Kent, Birmingham, for appellant Jefferson County Board of Education.

Wayman G. Sherrer, Oneonta, guardian ad litem for unrepresented class members.

Robert H. King of King, King & King, P.C., Gadsden, for appellant First Presbyterian Church of Gadsden.

Thomas B. Prickett II, Oneonta, for appellee Blount County Commission.

Alexander M. Smith, Oneonta, for appellee City of Oneonta.

John W. Clark, Jr., and Tommy C. Ritter, Jr., of Clark & Scott, P.C., Birmingham, for amici curiae Friends of the Covered Bridge Trail, Inc.; Rails to Trails Conservancy, Inc.; Calhoun County; City of Piedmont; Cleburne County; City of Anniston; City of Jacksonville; and City of Weaver.

LYONS, Justice.

The Cheney Railroad Company ("Cheney") deeded a railroad corridor to Blount County ("the County") and the City of Oneonta ("the City"). The corridor is approximately 50 miles long and 100 feet wide and is situated in Jefferson, Blount, and Etowah Counties.1 The corridor was transferred as a recreational trail, pursuant to § 10-5-2.1, Ala.Code 1975, which states:

"Any railroad is hereby authorized to transfer...

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