TheWashCycle

Meyers Probably Own WB&A Right of Way

In Anne Arundel County’s long-running saga on whether to extend the WB&A Trail into Prince Georges County or build the northern detour suggested by the late Buz Meyer, people often bolster their case by talking about who owns the right of way.  Those who favor extending the WB&A often point out that Anne Arundel County owns the right of way along the Meyer property.  Those who favor the Buz Meyer trail usually say that the Meyers own the WB&A right-of-way.  When I recently suggested paying the Meyers at least $1 million for the WB&A right of way, one member of the Meyers family told me that he would not want to make such a deal; another Anne Arundel resident who favors the WB&A extension admonished me for suggesting that the Meyers should be paid anything, because "they don’t even own the right of way. "

Only a court can finally resolve the question of ownership.  But the Anne Arundel County land records tell enough of the story for WB&A advocates to take seriously the Meyers claim to owning that land­­.  They also help show why that claim­­­­­­­­—while strong­­­­—should not necessarily prevent building a trail along the WB&A right of way. 

The story is typical:  The owners sell the railroad an easment, and gradually forget that they still own the land under the tracks.  The railroad closes, and those who buy the right of way come to think they own the land, or at least come to think that they can have it because the true owners have gone.  They sell their claim to a locality that has already built trails on land with similarly cloudy titles.  But in this case, we have a surprise ending:  Some of the owners are still around, they realize that they are still part owners, and they tell the government to get off their land!

Jacob and Bertha Meyer bought their six-hundred acre farm on October 26, 1900.[1]  On November 20, 1901, the Meyers conveyed to the Washington and Annapolis Electric Railway an easement 66 feet wide for a railroad.[2]  The deed is in cursive writing and not easily decipherable.  (I am grateful to Aaron Marcavitch for help in preparing a print version that has most of the text, although there are still a few phrases we were unable to translate.)  The deed included a payment of 50 cents for each grape vine removed.  It also referred to the sale of some gravel lands, but their locations are unspecified.

The company changed its name to the Washington, Baltimore, and Annapolis Electric Railway in 1902, and began running trains from Baltimore to Washington via Odenton in 1908.  In November 1906, before the line opened, the railroad paid Jacob and Bertha Meyer $774 for a 15-year license to mine earth and gravel within a clearly specified 10.24 acre portion of the Meyer property, along the rail line.[3]  But in 1915, the railway agreed to terminate the mining lease; in return the Meyers conveyed 0.6 acres in fee simple to the WB&A railroad on the northwest side of the tracks.[4]

 

How the Meyers forgot they owned the land under the tracks

Jacob Meyer died in 1926 about a month shy of his 68^th birthday.   Following the wishes of her late husband, Bertha Meyer divided the land into six parcels, as shown in the left map[5], which I’ve annotated to make some of the smaller letters visible on the screen.  The six parcels were conveyed on April 24, 1928.

• Lot 1 went to Martin Meyer and his wife Hedwig Sophia Meyer
• Lot 2 went to Paul Henry Meyer and his wife Emma Wilhemina Meyer
• Lot 3 went to Charles Dewey Meyer
• Lot 4 went to Joubert Russell Meyer and his wife Gertrude Anna Meyer.  Joubert (also known as Schubert) was the father of Buz Meyer.
• Lot 5 went to Emma Meyer Simpson and her husband John Thomas Simpson
• Lot 6 went to Otto Jacob Meyer and his wife Anna Frederika Meyer .

For reference, the map to the right superimposes the lot boundaries over the site plan of the Preserve at Two Rivers. The rail line was the border between lots 4 and 6.  If you zoom into the original (or read subsequent conveyances of these lots) you can see that Bertha Meyer did not convey the land under the railbed to either Joubert or Otto.  So she continued to own that land, subject to the easement for rail line.  (Perhaps by mistake, she conveyed the 0.6 acre parcel to Otto, even though it had already been conveyed to the WB&A in 1915.)

As far as I know, Bertha Meyer and her children never thought about who owned the land under the tracks.  The railroad was still running so it did not really matter.  If it wasn’t mentioned in anyone’s will—which seems likely—then the ownership may have been split between her children, then her grandchildren, and lately to her great grand children.  But they didn’t know it.

 

How the easement holders came to think they owned the land too

The WB&A ceased operating in 1935, and filed for bankruptcy.  The bondholders formed the WB&A Realty Corporation and bought most of the real property for $16,100.[6]   The next year they sold right of way between Odenton and Bowie to the Philadelphia, Baltimore, and Washington Railroad Company, which was a subsidiary of the Pennsylvania Railroad.[7]  The WB&A Realty Corporation reserved for itself the right to convey utility easements.   In the case of the roadbed along the Meyer property, WB&A Realty had no right to convey utility easements, because all it owned was an easement to build a railroad line.  So for that parcel it was actually reserving a right it did not have. But it still sold an easement to Consolidated Gas Electric Light and Power Company for a power line a year later[8], and those power lines are used by Baltimore Gas and Electric even today. 

A series of railroad mergers created the Penn Central, which sold its interest in the old WB&A lands to Peppercorn Realty in 1988.[9]  After building the Piney Orchards Development, Peppercorn Realty conveyed the right of way to Anne Arundel County for $10, reserving for itself various utility rights that it did not really have (because WB&A Realty had already reserved such rights, which it probably did not have either) and including a covenant against using the right of way for a rail line.[10]

Anne Arundel County understood that it was not buying clear title to the land.  The deed was called a “quitclaim deed” with all sorts of disclaimers.  But that did not stop the County from building the WB&A Trail.  This is a fairly standard practice:  Localities build rail trails on land for which they do not have clear title, because the actual owners have abandoned their interest.  Neither the common law nor common sense wants property tied up forever just because it is technically owned by the descendants of an original owner when those descendants are uninterested in behaving like owners.  In the rare case when these owners do step forward, the locality pays them for their property.   As with the Meyer property, many old farms have been subdivided with lots that go up to—but do not include—a rail line.  By the time the railroad closes, often the original owners have sold all the parcels to strangers, and forgotten about their underlying ownership in the rail bed.  After the trail has been operating a few decades, the locality will have clear title through the doctrine of adverse possession.

These owners of the underlying land usually do not get a tax bill either.   At first, when the railroad is operating, the value of the land subject to the railroad easement is trivial, while the roadbed itself is valuable.  So the county focuses on taxing the railroad.[11]  If the underlying landowners got a tax bill, they would realize they own the land (and the county would collect more money).   After a few generations, without even getting a tax bill, the descendants have no idea they own the land.  The owners of the easement end up getting taxed as if they own the land in fee simple, which they may be willing to pay because they are happy to own the land in fee simple.  If they sell their interest to the county, then the county has no one to tax.  The tax assessment office generally does not do title research to ascertain the actual ownership.

  

Just in time, the Meyers realized they still own the land

That typical pattern is pretty much what happened to the Meyer parcel for the first 65 years after the rail line closed.  Bertha Meyer and her children did not reclaim their land.  They could have objected to the electric company putting power lines across their land without permission, but they allowed it as if the abandonned rail line was not their land.  Some highway maps showed the roadbed as a public road.    

But then in 2000, the prospect of the WB&A Trail got the Meyers interested in the old right of way.  Buz Meyer (co-owner of lot 4) opposed the trail.  Press accounts suggest almost a “Eureka” moment for Meyer when, after launching a campaign to stop the WB&A Trail from crossing the Patuxent, he realized that he was a part owner of the right of way.  An article in the Baltimore Sun said that the lawyers for Anne Arundel were sloppy and failed to do a title search before starting court proceedings to obtain clear title to the right of way.[12]  I’m not sure that’s the case—it seems possible that the county lawyers were simply following a standard procedure for settling title and paying valid claims in this type of a situation.

Before a court had the opportunity to decide the question, County Executive Janet Owens directed county staff to abandon plans for a bridge across the Patuxent along the old right-of-way, and drop the court proceedings.  I cannot rule out the possibility that the county has an arguable case for being the owner of the right of way; but I am not sure what that case is.  Adverse possession is possible; but it seems that if anyone had a claim for adverse possession it was the WB&A Realty Corporation for selling easements on the land, not the Pennsylvania Railroad which seems to have done nothing with the right of way.[13]  But the county never bought the interests of WB&A Reality.  Of course, Anne Arundel has a strong case for owning the 0.6 acre parcel within lot 6, now part of the Preserve at Two Rivers.

 

So What?

The land records support the assertion that the descendants of Jacob Meyer own the WB&A right of way near the Patuxent River.  Anne Arundel owns a 0.6 acre parcel within lot 6, and would have an easement by necessity along the right of way if it wanted to make that small parcel a park.  But such a park seems unlikely.  Although most of the Meyer descendants are still in the area, a few have moved out of town and it is possible that some of them either like trails or would sell their share if offered a fair price.  If a trail conservancy or government agency became a part owner of the rail bed, it could probably negotiate a partition of the land to facilitate a compromise trail:  for example, a trail that crosses the Patuxent along the old right of way, but stays away from those areas where a trail would be most problematic to the Meyers. 

To be sure:  It currently seems administratively easier to build a bridge connecting the Buz Meyer detour trail to the Patuxent River Trail near Bowie State University, than to work out an arrangement with the Meyers for  a bridge along the WB&A right of way.  But the direct trail is worth more and costs less.  How much less?  We don't know, so no one really knows whether the better trail is worth the hassle of pursuing it.  That's why we need a study. 

 (Jim TItus lives in a house in Glenn Dale, Maryland, whose main floor is supported by salvaged rails from the WB&A electric railway, with the inscription "Carnegie 1901".) 

Prince Georges advisory group asks MDOT for Alternatives Analysis for WB&A Crossing

Prince George’s County’s bicycle and trail advisory group (BTAG) has asked state officials to meet with them about a possible state role for resolving a decade-old disagreement between Prince Georges and Anne Arundel counties over the best location for a proposed trail bridge across the Patuxent River. 

 

In a November 10 letter to Don Halligan, MDOT’s Director of Planning and Capitol Programming, the advisory group said that Prince George’s County wants the trail linking Bowie to Odenton to cross the Patuxent River “on, or very close to, the abandoned railroad right-of-way” of the former Washington, Baltimore, and Annapolis (WB&A) Railroad.  BTAG opposes a northern detour, which was originally proposed by the late Buz Meyer, a naturalist and hunting safety expert who lived along the proposed route of the trail.  Anne Arundel has long favored the northern detour to accommodate the wishes of Mr. Meyer that no trail be built near his land.

 

BTAG includes representatives from citizens groups, incorporated towns, and expert staff from the county planning, transportation, and parks departments.  The county officials generally provide their best professional judgement, rather than the official positions of their department.  Recently, County Executive Leopold announced that Anne Arundel County is creating a similar citizens advisory group.

 

According to the BTAG, Prince Georges County Executive Wayne K. Curry wrote to Anne Arundel County’s Executive Janet S. Owens in 2001, urging her to continue the trail along the former right-of-way of the WB&A Railroad:

Prince George's County was aware that the Meyer family preferred a northern detour which would cross the river near Bowie State University. But Prince George's County opposed that detour because it would greatly increase construction costs, require permits to impact protected wetlands, and result in a longer and more circuitous trail off the original level, graded rail corridor. People expect a rail trail to be straight with minimal hills…

 

Although Prince George's County opposes the more northerly crossing, M-NCPPC [the county park and planning agency] staff has continued to cooperate with the efforts of Anne Arundel to create an alternative to the direct alignment, by working on trail improvements between the WB&A and Bowie State University, which would facilitate the more northerly crossing that Anne Arundel County prefers. BTAG hopes that Anne Arundel County will similarly keep both options open by preserving the necessary rights-of-way for the more direct alignment—either on the former railroad right-of-way or along the former right-of-way as the Preserve at Two Rivers is developed.

 

The WB&A trail currently has a 6-mile segment from just outside the Capitol Beltway to the Patuxent River in Bowie, a one-mile gap, and a 4-mile segment from Woodwardville to Odenton.  Anne Arundel plans to extend the trail east to Annapolis; Prince Georges plans to extend it west to the District of Columbia.

 

Earlier this month, my commentary about the WB&A Trail in GreaterGreaterWashington reported that state and local officials are moving ahead with plans to fill the one-mile gap with a two-mile detour, even though the detour is likely to cost an extra $3 million. Prince Georges County and state agency staff prefer the less expensive direct route; but I conjectured that Maryland and Prince Georges officials are more willing to give in than Anne Arundel.  So Anne Arundel is likely to get its way, unless elected officials more concerned about wise use of limited funds (such as the Governor) get involved. 

 

The Prince Georges group seems to be more optimistic. Its letter proposes that MDOT follow a practice that is standard for new highways and rail lines:   Assess the costs, benefits, and environmental implications of reasonable alternatives; and conduct an open process that includes both counties, key regulators, and citizens to ensure that everyone agrees that the route-selection process is fair:

 

We understand that the state is not in a position to directly referee a disagreement between counties regarding the trail alignment. However, we hope that increasingly limited public funds can be spent as efficiently as possible for this project, as a substantial investment of county and state funds will be required to implement this trail connection. Highway programs often base decisions on a careful and transparent evaluation of the costs, benefits, and environmental impacts of the different alternatives. Trail programs need the confidence and enthusiasm of the public and should include a similar transparent evaluation process. We think that public confidence will be enhanced if people are provided a clear explanation about the reasons for preferring one alignment over the other, which may require a detailed analysis.

 

BTAG invited the officials to attend its next meeting on January 20.  No word yet whether the MDOT officials have accepted the invitation.

 

The BTAG letter focused on the need for a fair and transparent process to finally resolve this issue.  Every time I write something about this dispute, a number of people say that the Meyers own the right of way so the County must build the trail a half a mile away.  In the next few weeks, I'll write a post on the question of who owns what, and the implications.  And while we're talking about property rights, we might as well look at whether the constitutional rights of a developer are violated when an exaction forces the developer to build a trail to nowhere.  (If the trail is built as part of the bridge project, it is not a trail to nowhere; but if the bridge project does not start until after the detour trail is built, then the detour trail will be a trail to nowhere.)  If you want me to explore any particular aspects of these questions, please send me an email with your phone number.

 

(Jim Titus is an active member of the Prince Georges County Bicycle and Pedestrian Advisory Committee.  The comments in this post do not represent the views of BTAG or any other organization.)

Anacostia River Trails take more steps forward

When done the Anacostia Riverwalk Trail in DC and the Anacostia Tributary Trails in Maryland will connect to one another to create a 60 mile trail network, arguably the region's most extensive. Last week a new section was formally opened to much fanfare and it was announced that work that would close the gap between the two systems would begin in 2012. In addition work continues on four other sections in the District, with the next ribbon cutting two weeks away.

The section that was celebrated last week was a 1.5 mile section from Bladensburg Park to a dead-end just north of US-50.

The trail consists mostly of a winding section along the river, much of which was finished three years ago as part of the Wilson Bridge Project, as well as a new connection to Kenilworth Avenue via Lloyd Street. Despite its limited utility, the ceremony attracted a lengthy list of prominent officials including cabinet secretaries, a governor and a senator. This list isn't even complete as there were several state legislators and county and local officials there as well. I even saw Tommy Wells there. The ceremony was about more than just the trail - or even the future promise of the completed trail- though. It was also about the restoration of the river and access to the state's $9.2 million 50-acre Anacostia Wetland Mitigation Project - paid for, at least in part, by the Wilson Bridge Project. [If you ride the trail, you'll see this on the southern end between the trail and the river. Go off trail,and on foot, and climb the hill it created for a pretty good view of the area. The view won't last once trees grow in.]

the restoration of the Anacostia River Watershed and the development of the Anacostia Riverwalk Trail has twice been identified as a priority project for the Obama administration under the President’s America’s Great Outdoors (AGO) initiative and the Urban Waters Federal Partnership (UWFP). Both initiatives seek to reconnect Americans to the great outdoors and revitalize urban waterways in underserved communities across the country.

It was also an opportunity for Democrats and the Obama administration to contrast themselves, and their support for these kinds of projects, against Republicans who want to cut funding for infrastructure and biking in particular.

"The Anacostia River Trail is a great example of the lasting benefits transportation projects can bring to a community by connecting people to jobs and schools, encouraging economic development, and protecting the environment," said Secretary LaHood. "The Obama Administration is committed to working with our community partners to build great projects like this that provide people with affordable and green transportation options."

“Connecting people and communities is what the Anacostia River Trail, like the Anacostia River itself, is all about,” said Senator Cardin, Chairman of the Senate Water and Wildlife Subcommittee. “I’m proud to support federal investments that bring together the people of Maryland and the District of Columbia with each other, local economic opportunities and America’s Great Outdoors. Federal dollars are tight right now, so it is important that we invest in the right places, like here on the Anacostia River, to help make our local communities more livable and more economically viable.”

“It’s truly exciting to see the penultimate segment completed in one of the Nation’s largest trail networks,” said DOT Deputy Secretary John D. Porcari. “Let’s redouble our efforts to complete the last link in the District of Columbia and maximize the benefits of this magnificent system for bikers, walker and commuters throughout the region.”

Gov. O'Malley announced that the trail would be expanded south into DC starting late next year, and that Maryland will commit $1million towards that goal.

"The new section we’re opening today is a great start, but together with our partners in the District and in federal government, we are committed to completing the entire trail. We look forward to breaking ground in 2012.”

Once complete, the Anacostia Riverwalk Trail Network will offer nearly 60 miles of contiguous trails – including 39 miles in Maryland and 20 miles in the District of Columbia.

Project design on the new section will be complete this summer, but that isn't all.

With more than $25 million invested, 12 of 20 miles are complete, including segments linking Diamond Teague Park, the Pumphouse, the Yards, Navy Yard, RFK Stadium, River Terrace and Anacostia Park. The rest are in planning, design or under construction in coordination with the National Park Service (NPS), U.S. DOT and other agencies.

There are five other sections currently under construction, including the Maine Avenue section, the two Fiber Reinforced Polymer (FRP) Bridges, the 11th Street Bridge and the bridge between Yards Park and Diamond Teague Park, which opens in two weeks. 

The official dedication of the new pedestrian bridge connecting the Yards Park and Diamond Teague Park will be held on Tuesday, Nov. 22, at 1:30 pm. The mayor is expected to be there, along with George Hawkins of DC Water (since the bridge runs right past the main pumping station) and I'm sure a slew of other dignitaries.

Maine Avenue was supposed to be completed in October, so we can assume that is close. The two FRP bridges should be open by spring 2012, and the 11th Street Bridge is targeted for July 2013. That will leave 6 more sections to complete, including the one that connects to the trail opened last week. 

If you'd like to see some of the event, there is video here and here. And here is some more video below

 

Dedication Ceremony Anacostia River Trail Section in Prince George's County MD from Greenbelt Bike Videos on Vimeo.

Wednesday Morning Commute - Must've had a tailwind

Good morning.

• Froggie has a fantasy map fix for Columbia Island and the area around it. By funneling the GW Parkway under Memorial Circle, it would allow for a grade-separated connection between the MVT and Memorial Bridge. It would also create new trails on the Virginia side of Boundary Channel; a direct connection to those trails and to the Washington Blvd path from the Humpback Bridge; and a connection to the TR Bridge's downstream sidewalk. The only downside is a slightly longer route for those going from Washington Blvd to Memorial Bridge. But on the whole, it would be a massive improvement. It would also cost a fortune.
• New bike lanes on 33rd Street NW, eventually from M to Wisconsin.
• Time to fess up people, who was going 57mph in Cheverly? I'm guessing it was downhill. It was actually a false positive for a speed camera. They busted another cyclist for going 38 mph. No one was issued tickets in these cases, but I would love to get a ticket for that. I'd frame it.

This appears to be on the Custis Trail. Some are bothered by it. I think it's genius.

Prince George's Residents Ask Commission for More Trails

More than one quarter of the people who testified spoke up for trails at last week’s budget hearings of the Maryland National Capital Park and Planning Commission in Fort Washington.  Most of these speakers mentioned trails as one of the things that the Commission needs to support.  Two speakers focused entirely on trails. 

WB&A Trail

Representing WABA, I urged the Commission to fund a design study to extend the WB&A trail two miles to the west across US‑50 and the Capital Beltway. (See map). Extending the WB&A across US‑50 and the Capital Beltway would immediately improve the usefulness of the trail because the Beltway is often a serious barrier to mobility. It would also provide a route to the New Carrollton Metro. On the broader scale, extending the WB&A across the Beltway is a key step toward the eventual goal of a trail between the WB&A and the Anacostia River.

Because this extension would be along MD-704, the State Highway Administration is likely to fund the construction.  These upgrades are at the top of the county priority list sent to SHA this year, so a design study would have a good chance of moving the project along.  I did not discuss the extension of the WB&A into Anne Arundel County because the Commission has already authorized funds for a design study, but the WABA blog summary of the testimony also discusses recent developments on that extension: We are concerned that Anne Arundel County wants a developer to build houses on top of the right of way while constructing an expensive detour for reasons that have never been officially articulated

Potomac Heritage Trail

Mark Holt of the Southern Prince Georges Trails Coalition reported that the Piscataway Creek Trail in Fort Washington (part of the Potomac Heritage Trail) is moving forward.  The first segment of the trail will be in Fort Washington National Park  (For  the last two years NPS and M-NCPPC have been passing their memorandum-of-understanding back and forth with Mr. Holt regularly calling officials to make their edits and move it along.)  Holt urged the Commission to keep moving on plans to extend the trail up Piscataway Creek to Clinton.  He also reminded the Commission that Prince Georges County is failing to make full use of the Woodrow Wilson Bridge Trail:

We also strongly urge that bicycle and pedestrian access to National Harbor and the Woodrow Wilson Bridge be improved as rapidly as possible. Hundreds of thousands of people have used the new Wilson Bridge bicycle/pedestrian crossing since it opened two years ago, but the trail still basically dead-ends at Oxon Hill Road. Several workable ideas have been proposed to link the existing trail to the rest of Oxon Hill and neighborhoods to the south, and these need to be implemented. For example, the Peterson Companies, developer of National Harbor, is obligated to build a trail along Oxon Hill Road, but plans for this project remain in limbo.    

For most practical purposes, the the Wilson Bridge is the gateway to the Potomac Heritage Trail of southern Maryland.

Folly Branch

In written testimony, representing some of the trail users around Glenn Dale, I urged the Commission to retain two improvements to the Folly Branch Trail, which will eventually run from around the Seabrook MARC station to Upper Marlboro.

First, the budget for this year included a short segment along Folly Branch that would connect the WB&A Trail to the Vista Gardens shopping center, by using the overflow culvert to get under MD-450.  Several years ago, the neighborhood next to the shopping center blocked the segment of the Folly Branch Trail to the shopping center, and persuaded Councilman Hendershot to support them. You can see the trail bed next to a closed gate near Panera Bread.  The new segment will go under MD-450 and then straight up that trail bed, while the main Folly Branch Trail will go on the East side of the swamp. The neighborhood of big houses on the other side of the swamp from Vista Gardens wanted a trail to the shopping center--it was just the townhouses near the shopping center that did not want the trail.

Second, the budget for 2014-2015 has a trail from Glenn Dale across or around Folly Branch to the existing Folly Branch Trail parallel to Forbes from MD-450 almost to the Amtrak line.  That will give Glenn Dale a trail to the Seabrook MARC station.  A few  people in Lincoln might find this a more direct route to Seabrook as well. Conversely, people in parts of Seabrook might prefer this way of getting to  the WB&A. It will also create a terminal loop (until WB&A is extended) for people coming from Bowie on the WB&A along MD-450.  (See map).

(Jim Titus is a member of WABA’s Board of Directors.  The opinions expressed herein are not necessarily the views of WABA.  For a blog on some of the same topics that does represent WABA’s official view, please see the WABA web site .)

Arrest in Natasha Pettigrew Case

Last Wednesday an arrest warrant was issued for the alleged driver of the SUV that struck and killed Natasha Pettigrew, according to her mother, Keniss Henry. These charges had been expected for the last month.  The driver was released on bail on Friday, she added. 

(Jim Titus is a cycling activist from Prince George's County.  The views expressed herein do not represent any organization with which he is affiliated)

Anacostia River Trail Official Opening Postponed to November 4

Dustin Kuzan from the Maryland State Highway Administration just emailed me to say that the opening ceremony in Bladensburg has been postponed to Friday, November 4 at 10:00 A.M, so that several key officials can attend, including Mayor Gray, Secretary Salazar, and Deputy Secretary Pocari.  Secretary Lahood and Governor O'Malley also plan to attend.  He added that the scope of the event has been broadened from a simple celebration of the latest segment to "'Connecting to Your Environment', urban waterways, and stream clean ups.

DDOT and M-NCPPC are now talking about the Anacostia River Trail

Eileen Nivera of the Maryland National Capital Park and Planning Commission (M-NCPPC) told me yesterday that she just heard from the project staff for the DC portion of the Anacostia River Trail. 

DDOT’s contractor is doing the design work for the trail from Benning Road to the existing trail in Prince Georges County, she said.  Right now, the design work is 65% complete, which in this case means that the entire trail has been designed but a lot of work remains in obtaining the required permits.  DDOT has also been awaiting completion of an Environmental Assessment by the National Park Service (Washcycle also made that point in the comments section of this week’s blog about the October 1 NOVEMBER 4 opening ceremony for the new section that follows the east side of the river from the Port of Bladensburg almost to the DC line).   Finally, Amtrak has not yet agreed to allow the trail to pass under its bridge.  All of this preparation will be done by the end of 2012, she said. 

Ms. Nivera did not know whether the construction would proceed from south to north, from north to south, or from both ends toward the middle.

This final trail segment trail has not yet been funded.  Ms. Nivera expects the District of Columbia to seek a federal grant for the remaining section.  Because the new segment stops at the woods, a short segment of trail including a small bridge must still be built on property owned by M-NCPPC, as well as property owned by the National Park Service in Maryland along ‘the ramp from the Baltimore-Washington Parkway to westbound US-50.   M-NCPPC has no plans to obtain funding for that segment, she said.  Instead, it will be part of DDOT's grant application.  While it would be unusual for the District of Columbia to fund trail construction beyond its boundaries, it is not unusual for a government agency to manage a federally funded construction project that crosses into another jurisdiction.

The design work is far enough along for DDOT to start applying for grants, she said.  Predicting the trail's completion date will be difficult until funding is secured.  “The grant application will be a major milestone.”

(Jim Titus is a cycling advocate from Prince Georges County)

Charges Expected in Natasha Pettigrew Case

Sources close to the investigation of the death of Natasha Pettigrew say that the State's Attorney will seek an indictment for fleeing the scene of an accident in which a death occurred.  Given the lack of witnesses willing to testify, there is insufficient evidence for manslaughter.  No other details are available at this time.

Ms. Pettigrew was the Green Party candidate for US Senate last year, until she was struck by an SUV while riding south on Largo Road (MD-202) near Prince Georges County Community College, early in the morning of September 19, 2011.  The driver stopped briefly and then proceeded home to Upper Marlboro, dragging Ms. Pettegrew's bike all the way, later telling police she thought she hit a deer.  Initial statements by the state police implied that the police believed the driver and blamed Ms. Pettigrew for the crash, for not wearing reflective clothing.  Reporters and Ms. Pettigrew's mother soon found reflective clothing that she had been wearing at the scene of the crash.

A memorial bike ride for is planned for September 17. 

Maryland proposes R4-11 signs, minimal guidance

Maryland's State Highway Administration (SHA) is informally soliciting public comment on its draft guidance for the R4-11 ("Bicycles May Use Full Lane) sign, which will be published in the Maryland Manual of Uniform Traffic Control Devices (MUTCD).  SHA plans to adopt both the R4-11 sign and a similar white sign with an orange stripe accross the top with the word "Notice".  The guidance is minimal and basically tracks the federal MUTCD's guidance for R4-11.  I provided some line-by-line edits to shorten it and make it track the federal guidance even more closely, but I do not recommend that most activists do anything at this stage.  

Guidance for bicycle signs never has the detailed specification that one might hope to see (such as criteria for when one does and does not use the sign).   And it would be particularly difficult here, because the R4-11 sign is classified as a "regulatory" (white rectangle) sign even though in Maryland, it is substantively a warning sign.  In New Jersey, where the statute does not directly provide the right to take a narrow lane, an R4-11 gives cyclists a specific right they would not otherwise have.  In Maryland, the sign merely states what would have been true without the sign.  So the sign is mainly needed on roads where both (a) taking the lane is the safest procedure and (b) the drivers do not know the law or otherwise realize that this is the case.  How do you write guidance for that? 

At a meeting yesterday at SHA headquarters, the SHA staff continued to indicate enthusiasm for the R4-11 sign, with several different officials naming specific places where they think an R4-11 sign is needed.  They are also talking about mid-lane sharrows, which would have been unthinkable three months ago. 

We spent some time on the question of where someone rides, which is key to deciding where R4-11 signs are needed.  I pushed using the sign on lanes less than 15 feet wide.  They were inclined to rely on the AASHTO 14-foot standard.  I tried to persuade them that the 14-foot standard assumes a 2-foot passing buffer, not the 3-foot buffer of Maryland law, but to little avail.  But then they clarified that they meant 14-foot to the edge of the gutter, which sounded enough like 15 feet to me that I stopped pushing.  They also indicated that they would not necessarily rule out an R4-11 sign along roads with shoulders when the shoulder is not bikeable, though they made no promises.  They also were agreeable to using the R4-11 sign along roads with parking, where the door zone makes taking the lane necessary yet problematic to drivers who don't see why you are riding in the middle of a 16-foot open space.

All these details are important but they will not go into the guidance. So unless the MUTCD is one of your hobbies I do not recommend commenting on the draft guidance.  If you are inclined to do something, start thinking about the road that most needs the R4-11 sign and ask whichever agency manages that road to post these signs.

One other thing I learned yesterday.  The creator of the yellow warning sign version of the R4-11 sign was not Tom Hicks or Bob Herstein of SHA, but rather cyclist Denise Cohen who has been representing Potomac Peddlers at meetings with SHA.  Although SHA is not planning to adopt that version of the sign, it has proven to be very popular among both  traffic engineers and Montgomery-County activists.  I would not be surprised to see the yellow signs on some Mongtomery County roads.

(Jim Titus is a member of the Board of Directors of the Washington Area Bicyclists Association.  The opinions expressed herein do not represent the official views of WABA.)