At this time, the Journal Star’s editorial is not available online, but you don’t have to read it to know what it says. It’s about the Kellar Branch, and the editorial writers always write the same misleading and blatantly false information about the issue every time. This time, it’s in the form of an open letter to Senator Dick Durbin, imploring him to “be a powerful ally” and “light a fire under the Surface Transportation Board.”
Along the way, they lay out their case for removing a working rail line in favor of a hiking trail:
- “It’s a cooperative regional effort.” Yes, they’re all cooperating to pursue something they have no legal authority to effectuate. The municipal governments have no authority to remove a working rail line without Surface Transportation Board authorization, which they don’t have. Since the local governments can’t convince the STB to violate their mission by taking action that will harm rail shippers, the Journal Star is now asking Senator Durbin to abuse the power of his office to pressure the STB to do just that. How civic-minded of them.
- “It’s a public health matter.” Say the Journal Star editors, “We think the Kellar line would enjoy heavy use from runners, dog-walkers, parents pushing strollers, cyclists, etc.” The people who will use the trail are people who are already exercising. They’re already running, walking their dogs, pushing their strollers, cycling, etc. Furthermore, they have plenty of opportunity to participate in all of these activities on streets, roads, parks, and miles of existing trails. People with a sedentary lifestyle are not suddenly going to rise from their easy chairs and start exercising because a new segment of trail in the middle of town becomes available.
- “It’s a push for redevelopment.” The Journal Star blithely argues that customers on the line “long ago bailed.” The fact is that the threat of the line’s imminent demise is the reason the line has not gotten more rail use. Keep telling people the line’s going to be removed and it’s amazing how businesses needing rail service shy away from locating next to it. It’s also amusing that they say, “As for potential rail use, we’ve heard little more than speculation.” I would simply say, as for potential trail use and the assertion that the trail will raise property values, I’ve heard nothing but speculation. The fact is, there are potential shippers located on the line. The proof of this is the fact that Central Illinois Railroad is fixing up the line at their own expense to serve those shippers — why would they waste their money repairing the line if there were no shippers?
- “Finally, it’s a property rights issue.” Ah, they’ve saved their most ridiculous argument for last. “Despite the fact that Peoria and Peoria Heights own the line, they have distressingly little say in its fate.” They’re shocked — shocked, I say — that a unit of government can tell a property owner what they can and can’t do with their own property! It’s so unusual, you know. Let’s see, the only other examples I can think of are, oh I don’t know, every zoning law in the nation. Since the Journal Star had so much fun dissecting Barbara Van Auken’s logic the other day, should we spend some time dissecting the Journal Star’s logic here? I guess if property owners should have unfettered rights to do what they wish with their property — no matter who it might hurt — one has to wonder why the Journal Star does not oppose zoning laws, health department restrictions, rental inspections, code enforcement, and the recently-passed smoking ban. See how much fun it is?
Bottom line, the Journal Star doesn’t think the city should have to follow federal rules that are in place to protect rail shippers from just this sort of abuse by rail owners.
I have a better idea. I’d like Senator Durbin to light a fire not under the STB, but under the Peoria Park District. Tell them to stop wasting time and money trying to get a working rail line abandoned, and instead build the trail around it. They can use part of the right-of-way where feasible, and put the other parts of the trail adjacent to the street (asphalt sidewalks), just like they do elsewhere in Peoria and surrounding communities. Part of this regional trail runs right next to the very busy Route 150, so I know it can be done.
It’s available now.
http://www.pjstar.com/stories/101107/EDI_BEJR4KM9.059.php
What a load of crap.
They need to go to Madison, WI to see how a through town trail can work in conjunction with rails. At some points it is along side the rail, in other spots they take different routes. In some places where they are right along side of each other there isn’t even a fence. I don’t know how the citizens of Madision avoid being killed, but it seems to work for them 🙂
In this same editorial the PJS calls Senator Durbin the Senate “minority” whip. Duh! Don’t the Democrats control Congress?
Why, yes, it is! Here’s the quote (emphasis mine):
Heh. Well, we already knew they didn’t check their facts on the editorial. This is just further proof.
Beancounter has it right. I think the elected officials should go to Madison to see how to integrate bike paths into the overall transportation plan. I was there a month ago, and was amazed at how well bike paths were integrated (and how many people use them).
Main streets (and I mean four lane streets) have integrated bike paths on them and they work wonderfully. Unfortunately, we don’t integrate bike paths into any of our roads (other than as an afterthought and usually by turning a narrow strip on the curb that wasn’t designed for that purpose into one).
I also was pleased to note how friendly traffic was to both pedestrian and the biking public. They not only accommodate those not in vehicles but generally give them the right of way even when not required by crossing lanes, stop signs, etc. It’s a very friendly city for those that commute by means other than vehicles.
“heavy use from runners”
Yeah… running away from the muggers.
“working rail line” – Wrong.
“People with a sedentary lifestyle are not suddenly going to rise from their easy chairs and start exercising because a new segment of trail in the middle of town becomes available.” – Proof?
“Central Illinois Railroad is fixing up the line” – Have any customers come foward to say save the line? Have any customers been announced? Nope.
What the trail advocates fail to understand is that the rail carrier has a legal obligation to provide rail service over the Kellar Branch line. There are shippers who want to use the line, and there is no pending request for discontinuance of the line (and hasn’t been for almost a year). So what the trail advocates essentially are asking the city and county and Senator Durbin to do is to conspire to keep Central Illinois Railway from following the law.
Since the Transportation Act of 1920 the ICC (now STB) has had exclusive jurisdiction (meaning they and only they get) to decide who can operate rail lines (ie: grant operating authority), and when/if a rail line can be abandoned. STB operates under federal law, which preempts (overrides) state and local law based upon the commerce and supremacy clauses of the U.S. Constitution.
The City filed petition at the STB to have PIRY’s operating authority terminated (“adverse discontinuance”). That request was originally granted, but the STB later agreed to reconsider their decision, which is what is now pending. If they decide to restore their operating authority, they can (and will) resume operating the RR. That will not affect CIRY, which also has operating authority.
CIRY at one time filed for discontinuance of the center portion of the line, but withdrew that petition, so there is currently NO action at the STB that would authorize the discontinuance of rail service on ANY portion of the Kellar Branch.
CIRY has an obligation, under federal law, to operate the entire railroad, as a common carrier.
So, trails are not at issue. It is not trails versus rails. The legal ramifications of the STB should be looked into before any resolutions are made and promoted.
Keith:
1. It is a working rail line. Show me any documentation that service on it has been legally discontinued.
2. I cannot, nor do I need to, prove a negative. The trail advocates and Journal Star are the ones claiming that this trail will improve the fitness of citizens. The onus is on you to prove it.
3. Carver Lumber has come forward repeatedly and asked that the line be saved. In fact, they’re the main reason why it’s not a trail right now. As for customers being “announced,” companies don’t generally send out press releases every time they get a new customer, nor do companies send out engraved announcements saying, “Now shipping via rail!” The new owner of the Nyle Staley Ready Mix plant near Abingdon will be using rail service, which is a reason why CIRY is fixing up the line. Again, why would they fix up the line if there were no customers and no prospects?
Logic… filling brain …. trouble …. resisting
Rely …. on …. emotion ….
Can’t …. have …. rail …. with …. trail
1. I realize that it is “legally” a working line that has no customers. CIRY was only given a 90 day extension. What happens next?
2. How can you state something with no proof to back it up and expect me to prove you wrong. The fact is you made a statement to back up your claim that cannot be proven. I cannot prove that it will happen and you cannot prove that it will not.
3. The point I was trying to make is that if customers came forward stating they wanted the rail, there would be proof that it is needed. I have heard through the grapevine that a group recently tried drumming up business and found none. Nobody has contacted the city stating they want rail service. Nobody that I have talked to has heard from Carver for quite some time. I have talked to Carver and they are making things work. Yes they would use rail if it was available, but the do not need it to survive. I believe that if a group of businesses that want rail approached Peoria and asked for it, there would be no argument. To my knowledge this has never happened.
The ready mix plant does not affect the trail. There is already a path that runs along Glen Oak and through the cemetery. I believe the Kellar is being cleaned up so that junk cars being stored in Pioneer Park can be taken to Keystone for demolition.
I have admitted in the past that I have no knowledge of the railroad, that is why I converse with David Jordan. Through the insults and sarcasm of a few select people, I am trying to see both sides, that is why I read the blogs. Somehow I still can’t get it through my thick skull that the government should be able to tell someone what they can and cannot do with their land.
As for side by side. This trail nut has done research and met with people from both sides. It all comes to a dead end when I try to talk to our wonderful IDNR. Without connections I will never get anywhere. Maybe the Senator will read the editorial, do some research, listen to both sides, find out that side by side is possible, then talk to people I cannot get to and tell them to quit dragging this along and get it done. The RTA’s support of trail only all stems back to the fact that we have been told that there will be no funding unless the trail is stand alone and not broken up. I have tried to get to IDNR to find out if this is indeed fact but never get anywhere.
Also, congrats to the Peoria County Board last night in the 15-0 decision to support the trail. All local goverment has now chimed in and announced their support.
When CIRY reopens the full Kellar Branch Line they will be required by STB to service all customers on the line and that will include Carver Lumber. Carver will then be able to discontinue the circuitous and expensive route they now use to do their business.
There still is no reason that the rails and trails can’t run side by side and benefit everybody. It can be done if they really want it. When STB rules on which carrier will run the line that carrier is under no obligation to allow a trail alongside.
Keith,
Some rail users such as Hanna Steel, and a relocated Amerhart, mentioned rail service as vital when their plans were revealed. But it’s likely that in regards to the Kellar Branch, potential rail users do not want their names dragged into the mud.
CIRY’s plan to store old railcars then ship them to Keystone Steel & Wire for scrap might justify rehabilitating the line, at least temporarily, but common carrier obligations dictate that Carver Lumber must be provided service if they want it. That might not be immediate because they may be locked into a contract with the Tazewell & Peoria Railroad, whose freight house and team track facilities they use to transload lumber from railcars to trucks.
There is evidence that Globe Energy ECO-System intends to make use of the rail in the future. Nothing like this can be 100% but the company’s plans suggest some future need for rail. That they went to the expense of building a gate where the rail spur enters their property is the best evidence so far.
In a few years, CIRY (or PIRY, I doubt it will be both), will be serving the following:
Carver Lumber (50-60 cars a year)
O’Brien Steel (100-125 cars a year)
ready mix plant (500+ cars a year)
Globe Energy ECO-System (200-300 cars at full production)
railcar storage contracts (possibly 100+ cars a year)
I see up to 1000 carloads annually, nearly twice the Kellar Branch’s record under city ownership – 548 cars in 1993. If this scenario comes to fruition, the City of Peoria better cooperate, or they’ll here it from us bloggers!
1. When you say “with no customers,” you’re putting your spin on it, which is that there are no customers in the middle section that the RTA wants removed. You believe customers in Pioneer Park should be served from the west, but that connection has been proven a failure. So the Kellar Branch is needed if there’s going to be competitive, cost-effective rail service to Pioneer Park.
2. You cannot prove that it will happen. So that would be “little more than speculation,” to use the Journal Star’s terms, eh? Thank you for making my point.
3. Carver has petitioned the STB several times for use of the Kellar Branch, and they appeared before the council asking the same thing in February of this year. They’re waiting for a ruling from the STB. In the meantime, they’re doing what they must to keep the company going. The problem is not lack of customers, but lack of a carrier on the Kellar Branch. If CIRY were running trains along there, Carver would be using it.
other cities are building light rail lines and improving their energy efficiency and economic base, while Peoria continues to try to destroy its economic base, along with an existing rail line. 10-20 years from now (depending on how fast fuel prices rise) Peoria will be nothing but a decaying backwater. You can thank the greedy real estate developers and their rabid trail nut allies. Come to think of it, Peoria already is a crime-infested, decaying backwater, isn’t it. Let’s just continue down that road, our “leaders” seem to like it that way.