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"If the public has a right to use it, it's very difficult to take that
right away."
- Thomas DeLorenzo, Attorney representing Rotterdam
Bike-Hike crossing at stake
ROTTERDAM JUNCTION - The town and county may take a railroad company that is
obstructing the county bike path to court to allow bikers and walkers
passage. Attorneys from Rotterdam and Schenectady County mailed a letter
to Guilford Rail System late last month telling the company it has until
Dec. 26 to move the cement barriers from either side of the railroad tracks.
If Guilford does not comply, according to the letter, the town and county
"will be forced to commence litigation to remove the obstruction caused by
Guilford Rail, as well as seeking the costs and fees associated with this
litigation."
Executive Vice President of Guilford, David Fink, said that the threat of
litigation will effectively kill any chance of Guilford cooperating with the
municipalities to build a tunnel under the tracks to allow access.
"It's very disappointing to us," Fink said last week. "Now we get
a legal letter, which is wrong, and it surely doesn't make me want to go out and
cooperate to put the bike path underneath the tracks."
The Bike-Hike Trail, which runs through Schenectady and Albany counties, crosses
three Guilford tracks at Scrafford Lane in Rotterdam Junction. Those tracks have
been regularly blocked by railroad cars since last year, and recently the
company began threatening to arrest anyone attempting to cross the tracks.
Over the summer, officials from Guilford, the state, the county, and the town
met and appeared to be in agreement about building a tunnel underneath the
tracks to accommodate trail users.
Thomas DeLorenzo, the attorney representing the town in the case, said a tunnel
is still a possibility but added that the public has a right to cross the
tracks, making a tunnel unnecessary.
Based on documentation dating back to 1922, "the traveling public has a
right to use the portion of Scrafford Lane," DeLorenzo said. "If the
public has a right to use it, it's very difficult to take that right
away even if it's an active rail yard."
The town hired Monroe Title Insurance Corp. to perform an abstract search.
According to a letter from Monroe to DeLorenzo, the "public has the right
to use the portion of Scrafford Lane in question."
But Fink disagrees and, from his Massachusetts office, said he intends to prove
it in court if necessary.
"First off, we think that the town erred in its assumption that that was a
former state public crossing because the state said it never was a public
crossing and there's no way it could be because it's in the
middle of an active rail yard," Fink said.
Fink also said he was upset the town did not call him or meet with him before
sending out the letter.
"This letter was somewhat shocking to me when I got it the other day,"
he said. "If the folks are looking to threaten me, I'd say it's going to be
difficult for us to get together. . . . We'll let the chips fall where they
may."
For years, bike trail users were able to cross the tracks to access a recently
built extension to the trail. Now users must crawl under rail cars or travel
miles out of their way to access the rest of the trail.
But Fink claims that the railroad only allowed the public to cross because a man
named Richard Tauzel owned a nearby house, and needed to cross the tracks to
access the building.
Since that home burned down a few years ago, Fink has said, the access is no
longer necessary, despite the fact that the land is still owned by Tauzel.
In addition to placing large, concrete blockades on either side of the track,
Guilford regularly has several rail cars stopped at the location. Trail users
who want to get to the other side, must crawl under the cars to get there.
Recently Fink threatened to use Guilford police to arrest anyone caught
trespassing on Guilford property. It is unknown if Fink has followed through on
his threat.
