Conflict resolution in railroad right-of-way disputes; Columbia, Missouri, and Douglas County, Nebraska

Abstract

The environmental mediation process has been used to avoid potential disputes and to resolve conflicts once an impasse has been reached. One successful case of dispute avoidance was in the conversion of an abandoned railroad right-of-way to a linear park in Columbia, Missouri. The potential disputes in this case were twofold: the first centered on the question of ownership of the right-of-way where the railroad holds easements; the second was the issue of how the right-of-way would be developed. This second issue was addressed through the use of third party assistance. A member of the American Arbitration Association and a member of the Heritage Conservation and Recreation Service acted as an outside third party to facilitate negotiations between the city and adjacent landowners. The result of these negotiations is that the proposal to convert the right-of-way to a linear park has met with acceptance and the project to acquire the land is progressing. In a similar case in Douglas County, Nebraska, third party assistance was not employed and an impasse resulted. Plans to convert the railroad right-of-way have been terminated.