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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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