Friends of the Rock Island Trail letter fails logic test
Friends of the Rock Island Trail, Inc. (FRITI) filed on March 28 with the Surface Transportation Board a motion/petition/request that rehashed old, failed arguments but also made many laughable misstatements of fact. Among them:
FRITI: “[Removal of the Kellar Branch] would eliminate the responsibility Peoria maintain 24 street crossings…â€
FACT: I count 18 grade crossings on the entire
FRITI: “[the new track across University Street] provided access for future heavy industrial development in Growth Cell II that…â€
FACT: The connection is only 1,800-ft. in length and links the former Union Pacific Pioneer Industrial Lead with the Kellar Branch, so the $2,375,000 spent by the city did not provide access to Growth Cell II. The former Union Pacific Pioneer Industrial Lead, built in 1962, already spliced through the area known as Growth Cell II, so it already provided access to it.
FRITI: “Now it [
FACT: Carver Lumber transloads lumber at the Tazewell & Peoria RR freight house at Creve Coeur, not “downtown.â€
FRITI: “The fact that the Union Pacific (UP), (parent corporation of Keokuk Junction Railway Company)…â€
FACT: The Keokuk Junction Railway is owned by
Furthermore, FRITI makes a number of conclusions based on false assumptions, willful ignorance of the facts and lack of proper understanding of the issues at hand. Probably the worst are these:
“The [Illinois] Commerce Commission stated the new spur extension would be a ’shorter distance for the shippers and will be more a cost effective route to ship materials into empty rail cars out of the park’.â€
With little or no second guessing, those who have kept up with this issue should immediately see the problem here. Trail proponents and their allies on the City Council were warned that the western connection could not offer comparable service (as had been promised to Pioneer Park shippers) yet it was built anyway, at taxpayer’s expense. The above statement, apparently made in 2001 (though I can’t find it in filing), is woefully out of date. FRITI’s rhetoric here is like digging out a 2005 Journal Star editorial endorsing Dave Ransburg for Mayor then presenting it as evidence in 2007 that he was still a viable candidate! It’s like presenting a sportswriter’s newspaper column predicting a Super Bowl XLI victory for the Chicago Bears then months after they lost to the Colts claim the Bears could still win!
“[Peoria] has already paid $2,375,000 to create a western connection and brought the northern end of the Kellar Branch to Class 1 rail standard It should not be faced with the prospect of upgrading a dilapidated section of rail so that one customer can enjoy a cheaper rail charge at taxpayer’s expense.â€
How can these people consciously demand taxpayer-subsidized construction and maintenance of a recreational trail then decry someone getting “a cheaper rail charge at taxpayer’s expense?†Even if the assertion were true, FRITI would be guilty of extreme hypocrisy. But the assertion is false. Carver Lumber never got a “cheaper rail charge at taxpayer’s expense.†Simply put, the trail proponents’ claim that shippers on the Kellar Branch are subsidized is nonsense. Just as a private owner would not charge a user fee to its customers, the City of Peoria wisely ended such a practice in 1986 after realizing that it was a deterrent to the use of the line (and any hope of recouping its investment).
Trail proponents’ implication is basically this: “Those rail users located on the ‘taxpayer-supported’ Kellar Branch benefit from lower rail rates than on those located along privately-owned rail lines, thus they should be falling all over themselves to locate on the Kellar Branch. This did not happen, thus the line’s economic benefit to the community was never there and therefore, should be removed to make way for a recreational trail.â€
So if rail users on the Kellar Branch can benefit from taxpayer-supported lower rail charges than elsewhere, then why are rail users lured elsewhere? If trail proponents’ logic is to be believed, wouldn’t they pay more for comparable service on any other rail line? The fact is that City-ownership of the Kellar Branch is no different than private ownership in that users are not penalized with extra fees. The City’s purchase of the line was for economic development and business retention purposes and was funded by a state grant, which the city need not repay as long as the Kellar Branch was kept in operation until 1996. Though taxpayers funded the line’s purchase, they did not provide any artificial price supports to ensure lower rail rates for users. Even if such were the case, the effect would be negligible as the vast majority of rail shipments travel distances in excess of 500 miles, of which the Kellar Branch’s 8.29 miles are comparably puny. In other words, less than two percent of the freight car’s journey would even be affected.
The fact of the matter is that the Kellar Branch succeeded at luring several new users during its 21 years of city ownership and operation. Unfortunately, efforts to turn it into a trail from 1991 onwards deterred some potential developments and the return of past customers. Lack of interest by the first operator, Peoria & Pekin Union, was also a factor. P&PU handled some 156,000 cars in 1993, the year the Kellar Branch generated 548. Obviously, P&PU had bigger fish to fry. During its last years as operator, new business opportunities that could have involved the Kellar Branch were accommodated elsewhere.
The Friends of the Rock Island Trail letter fails to offer anything new or compelling which would help their cause. They confuse, distort, fail to acknowledge failures all the while attempting to involve themselves in a case in which they possess little understanding.
On March 29, the Pioneer Industrial Railway filed a motion to strike FRITI’s letter from the record because “FRITI is not a part to the proceeding and did not seek leave to intervene nor was the letter timely filed. Further the letter is factually misleading and redundant of arguments and evidence already produced in a timely and appropriate fashion by advocates for the subject adverse discontinuance.â€
A decision from the Board is still months away, but hopefully, they will finally see through the confusion, distortion and false assumptions brought into the issue and rule in favor of rail preservation.
Billy Dennis is a former reporter and editor at small daily and weekly newspapers in Illinois and Missouri. He comments on media, news and politics. He also owns and operates 
FRITI and other trail advocates appear to be under the mistaken belief that this is a popularity contest. They sign petitions and send missives to the STB about how there is so much support for a trail here, as if that fact alone is going to persuade the STB to vote in their favor. They are apparently ignorant (willfully or otherwise) that the STB exists to preserve and support rail service in the U.S.
If only people would devote this much time to the city’s bigger problems ….
How about we get a list of the addresses of FRITI members, when hold a vote to decide whether or not to close down the streets in front of their houses, turning their blogs into public parks, that everyone can use. Hey, majority rules, right?
one of the most ridiculous arguments I ever heard was last Wednesday night when the Park District representative told the Village Board that if the rail was turned into the trail and the Board didn’t like the way the Park District was handling it they could go to their offices to protest and if that didn’t work they could vote them out of office.
Part of the Friends of the Rock Island Trail’s argument was that turning the rail into trail was going to save the city $100,000 a year in crossing repair fees. The city doesn’t pay that now and hasn’t paid that. When Pioneer Industrial Railcorp was running it they paid for all the repairs out of their own pockes and will do the same if they get to run it again. And they will bring it up to passenger grade level at their own expense. The city of Peoria is not going to have to pay a dime for it, neither is the Village of Peoria Heights.
This is more of a question.The city of peoria has bought the part of the old rock island line(with taxpayers money)from Jefferson ST.to were it connects to Peoria Heights.They also say they bought the right of way as well.My question is once a rail co. ceases to use or abandons the track doesn’t the easement imediately go to the homeowner adjacent the track? And did the STB rule after no trains have used the rails for years that the rails were abandoned?The railroad bridge at the war memorial st over pass also has not been in service for years and more than likely is not safe.CRAIL is cutting down everything 25ft on each side of the rails and has said more than likely they will be back to cut another 25ft to make a 50ft path along each side.Help, I live along side these tracks along with 100 or so other homes,what can we do?
There appears to be some controversy regarding the “abandonment” of the Kellar Branch. The Interstate Commerce Commission (predecessor to the Surface Transportation Board) decided on May 23, 1980 to abandon the entire Rock Island Railroad conditioned on the availability of most trackage for sale to other railroads. Since most of the railroad has been in continuous operation by other railroads since that time, “abandonment” (including the Kellar Branch) seems innaccurate.
That said, I believe that seven years after LEGAL abandonment (not simply “discontinuance of service”), the right-of-way goes to the adjacent landowner. However, that provision may be for railroads built with land grants, not those built on property purchased by the railroad. The Cities’ legal ownership of the Kellar Branch right-of-way has been questioned.
The railroad bridge at War Memorial saw its last train in summer 2005, just over two years ago, and is probably safe. If that brush is on city-owned railroad right-of-way, I see nothing that can be done to prevent them.
Psssst… hey, David… the rail-line right of way was not abandoned… it was sold to both Peoria and Peoria Heights. I know you don’t wanna believe that, but they have the deeds to the properties. They don’t own the rails, but they own the land that the rails are sitting on… and the right of ways on either side of the rails. I know that it makes it a lot more fun to say the private property owners on either side own the danged thing, but that just ain’t the case. Sorry.
Prego man,
Let me clarify for you. The Chicago, Rock Island & Pacific Railroad’s operating authority and trackage rights on other lines was abandoned by ICC decision on May 23, 1980, but conditioned on the availability for sale of viable lines (most of the system, actually). Since service on the Kellar Branch continued virtually uninterrupted through January 31, 1982 (after which the Peoria & Pekin Union provided service as far north as Peoria Heights for a while longer).
I’m no railroad lawyer but that sounds to me like just the Rock Island’s own authority to operate on these lines was abandoned and any lines sold thereafter were exempt from that ICC order (the Kellar Branch being one, after purchased by the Cities in 1984). If I’m not reading that right, I’d like to know.
As to your comments, the Cities own both the right of way (land) and structures (track), though Pioneer Railcorp has questioned whether that is the case. Personally, I think it’s irrelevant as the Surface Transportation Board is a higher authority. The Cities must comply with Federal law and if the Board rules in favor of Pioneer (not certain), the Peoria Park District better be dusting off Plan B.
David, no matter what weird spin you put on this, the bottom line is that the municipalities have the DEEDS to the properties. What else do you need? Of course they cannot shut down the rail lines because they do NOT own the rails (check your facts)… the purchases of the properties state only the LAND, NOT the rails. BUT, being that they own the land, whatever rail line goes through these properties now likely will need working agreements with the muncipalities and will need to pay RENT for access through the land.
I’ve read through your comment above this about four times now, and I’m still confused as to what point you’re trying to make. That may just be my natural state of confusion, or it might be that what you posted has absolutely no bearing on the fact that Peoria and Peoria Heights each own the LAND that the rail sits on. You’re about the only person I know of who questions that fact. Maybe you’re the only smart one in the area… but, my guess is that the since each municipality paid hundreds of thousands of dollars FOR the land pretty much nails the fact that they OWN the land.
Prego,
I’m not sure what your isssue is. The Cities own BOTH the land and the rails, but the Surface Transportation Board is the final authority over the nation’s rail system, so regardless of the Cities’ ownership of both the land and the rails (yes, the Cities own the rails too), they cannnot do as they please with out permission from the Board.
David, you’ve been posting that the properties belong to the adjacent private land owners, and that was what my point was… that the muncipalities own them. Now, in your last posting, you’ve suddenly gone 180 degrees and agreed with me. Thank you.
And, no, they do NOT own the rails. Again, check your facts. The rails AND the railroad right of way on those RAILS do NOT belong to the muncipalities. At no point in either deed does it say that the RAILS belong to the municipalities. I don’t know where you’re coming up with that one. If the municipalities owned the rails, they might possibly be obligated to maintain them and is exactly what Peoria and Peoria Heights did not want to do. Have you reviewed the deeds that Peoria and Peoria Heights have? You’ll find that the rails are specifically excluded, if you do.
Now, one more time… just so I know that you’re fully understanding here… WHO or WHAT owns the land that the Kellar Branch is on? That’s right… the city of Peoria and the Village of Peoria Heights do. THAT was my point… I’m glad you now agree.
Prego,
I never said the adjacent property owners owned the right of way. I’m sorry if you misunderstood (I mentioned that there has been some controversy regarding ownership, but I suspect that’s frivilous). Perhaps I wasn’t clear enough. Yes, the Cities (Peoria and Peoria Heights) own the property according to the deeds.
So who owns the track if the Cities do not? The Rock Island’s parent, Chicago Pacific Corp. sold the Kellar Branch to the Cities in 1984. If they did not sell the track along with the property then Maytag Corp. became owner of the track in 1988 and currently, Whirlpool would own it. If the Cities did not own the track itself then they could not lease it to the operator for $1 a year.
David, if I misunderstood, then I apologize. As I’ve stated before, I exist in a ball of confusion… it would be 457th time this year that I misunderstood something. I don’t believe that anyone or anything is stated as owning the tracks… but, again, I might have misunderstood that. All that I have read is that the tracks are not owned specifically by the municipalities… only the land that the run on. I know it’s confusing… and I remain very confused.
If the Cities (Municipalities) own both the land and track, it’s possible that no mention of the track’s owner on the deeds is necessary . If they do not own the track, then Pioneer Railcorp could have approached the owner and bought it, bringing the whole issue to a close years ago.
The City of Peoria owns the riverfront land on which the Tazewell & Peoria Railroad (which has a 20-year lease on the Peoria & Pekin Union Railway) runs. Word is years ago, the City wanted this track moved closer to the river (and several years ago, a P&PU indicated they wanted it removed completely!), but the City would have been forced to pay to relocate the track. The issue died there.
That should be “A P&PU official.”
My head hurts. I need an Everclear on the Rocks.
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