In a recent commentary, an Anchorage resident offered his opinion on issues regarding the Alaska Railroad's Right of Way (ROW) and its use by the public. Unfortunately, the commentary contained inaccurate information, and those of us at the Alaska Railroad feel it is important to respond.
The commentary regrettably downplays the railroad's focus on safety. The timing couldn't be worse, coming on the heels of the horrific passenger train derailment in Philadelphia that killed eight people and injured hundreds. While the Alaska Railroad has never had a fatality related to a derailment, we have had at least eight fatalities resulting from people trespassing in the ROW since 1985. Nationally, approximately 500 deaths every year result from trespassing in railroad ROWs. The ROW for a railroad is like a tarmac for an airport -- it is a safety zone and operating area, not a place for taking photos or for unpermitted trails and uses. Opening the Alaska Railroad Corp.'s ROW to unrestricted use by adjoining landowners and the public would inevitably increase tragic incidents and pose an unacceptable safety risk for our neighbors, our train crews and thousands of passengers.
The commentary questions ARRC's ability to control the ROW and require permits for use, and it questions why ARRC would even need such control. Applicable law is clear about the railroad's ownership and exclusive use of its land including the ROW. The federal government transferred ownership of the ROW to the State of Alaska when it purchased the Alaska Railroad in 1985. An exclusive use easement, which gives ARRC full control of access and use of the ROW, was transferred where full ownership was not available. This explains why our neighbors do not pay property taxes on the railroad's ROW abutting their property.
Given the railroad's need to enhance safety and rein in unpermitted ROW use, the Alaska Railroad for many years had a lawn and garden permit program. Later, to address shortcomings in the enforcement of that program, the ARRC Board developed its new Residential ROW Use Policy (RRUP) that allows existing uses of the ROW to continue under new residential use permits. The new policy and permit process were not developed in a vacuum. ARRC conducted a great deal of public outreach over three years to inform neighbors of the draft policy and seek feedback for the final plan, which incorporates much public input. These efforts included door-to-door neighbor visits, a survey of property boundaries, three public open house meetings, four board meetings, more than 4,000 direct mailers, and meeting notices in the major newspapers and online, along with other measures. Key concerns expressed by adjoining property owners were the desire to continue ROW uses and the ability to transfer permits to subsequent owners. These concerns were addressed in the final policy, along with a minimal fee structure set at a level to help cover ARRC's administrative cost of the program.
A frequent question we hear is, how does the public get to the other side of the railroad? In many places, public road and trail crossings allow for easy and safe access across the ROW. But, when public crossings are not available, it is still OK to cross the track for occasional recreational use as long as you do it safely. We ask that you cross only on foot, cautiously looking along the tracks in both directions (trains travel up to 60 miles per hour and are surprisingly quiet) and then cross the ROW at a right angle and as quickly as possible. We ask that you do not travel along the tracks within the ROW (typically 100 feet on either side of the track) without receiving permission. The more time individuals spend in the ROW, the greater the likelihood of an accident.
In several congested areas, ARRC has implemented a recreational permit system to allow for user groups like windsurfers, kiters and ice climbers to access their recreational sites. The recreational permit is free and the process gives us the opportunity to educate users about safety and to obtain a liability release.
Our responsibility as managers of the Alaska Railroad is to ensure we are good stewards of this important state asset. The Alaska Railroad is a critical transportation freight and passenger link for the state of Alaska. If you believe that a safe and efficient railroad is important to the overall well-being of the state of Alaska, then we encourage you to learn the facts about the ROW and why controlling access is so vital to the safe and economic operation of this valuable state resource.
Bill O'Leary is president and CEO of the Alaska Railroad Corp.
The views expressed here are the writer's own and are not necessarily endorsed by Alaska Dispatch News, which welcomes a broad range of viewpoints. To submit a piece for consideration, email commentary(at)alaskadispatch.com.