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MIAMI COUNTY BD. v. KANZA RAIL-TRAILS

No. 101,811.

255 P.3d 1186 (2011)

292 Kan. 285

MIAMI COUNTY BOARD OF COMMISSIONERS, Appellee, v. KANZA RAIL-TRAILS CONSERVANCY, INC., et al., Appellants.

Supreme Court of Kansas.

June 10, 2011.

Attorney(s) appearing for the Case

Michael T. Mills , of Michael T. Mills, Chartered, of McPherson, argued the cause and was on the briefs for appellant.

David R. Heger , county counselor, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by LUCKERT, J.:

This appeal relates to 4.5 miles of a railroad right-of-way in Miami County, Kansas, that has been railbanked and is now operated as a recreational trail. Generally, the issues in this appeal focus on the relationship between and the application of the Kansas Recreational Trails Act (KRTA), K.S.A. 58-3211 et seq., and the National Trails System Act, commonly referred to as the federal "Rails to Trails"...

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