Nelson Area Trails Society Proposal  
Nelson Area Trails Society Proposal for Acquisition of the Burlington Northern Santa Fe Railway Corridor

The Nelson Area Trails Society is a registered non profit society. Its present executive consists of:

Sjeng Derkx, Nelson, Chair

Jacquie Doucet Howes, Salmo, Member At Large

Kevin McGuire, Nelson, Treasurer

Ann Remnant, Nelson, Member At Large

Judy Sadoway, Hall Siding, Communications Coordinator

CONTENTS

The Proposal

How This Proposal could Work

How This Proposal Qualifies for Columbia Basin Trust's Spending Program

Potential Sources of Return on This Investment

Liability

Advantages of This Proposal to Governments

Physical Characteristics of the Property

Support for Trail Development

Appendices

Bibliography

The Proposal

The Nelson Area Trails Society proposes that the Columbia Basin Trust, in cooperation with the Provincial Government, the Regional District of Central Kootenay, the City of Nelson and the Village of Salmo, purchase the Burlington Northern Santa Fe rail line between Salmo and Troup Junction, establish a recreational trail on the property and preserve a corridor suitable for train or light rapid transit for future development.

How This Proposal Could Work

According to the railway abandonment process, as described in the Canadian Transportation Act of 1996, BNSF must offer all their interests in the rail line for sale to the Provincial and local governments, at no more than net salvage value. We understand that net salvage value is approximately 60% to 70% of market value. If the parties cannot agree on what net salvage is (within 90 days), either party can ask the Canadian Transportation Agency (CTA) to determine that value. The time frame for governments to decide is very short. After the property has been offered for sale to them, local governments have a maximum of 60 days to decide yes or no, the Provincial Government 30 days. (See excerpt from the Canadian Transportation Act, Appendix XIII.)

This regulation means that the Provincial Government and/or the RDCK and the municipalities along this line, have the opportunity to purchase the rail line property at net salvage value and could immediately offer it for sale to Columbia Basin Trust for the same price. At the same time local governments may be willing to forego or offer reduced property taxes to CBT after it has purchased the property, if CBT is willing to reserve a corridor, suitable for future transportation needs and/or recreational trail use on the property. The combination of being able to purchase well below market value and the ability to pay low or no property taxes offers CBT a financially very interesting investment opportunity. CBT could hold at little or no cost an appreciating asset which it acquired well below market cost.

How This Proposal Qualifies For Columbia Basin Trust's Spending Program

This proposal fits extremely well in the spending goals and objectives as defined in the CBT management plan. It represents exceptional value for money, and offers important social, environmental as well as economic benefits.

The unique flatness of the terrain allows use of the trail by the very young as well as the senior population. Activities like bicycling and hiking are often too challenging for these groups in our rugged landscape. As the population in the Basin ages, the need for facilities accessible to the increasingly active group of seniors will grow rapidly. This trail will offer the opportunity for whole families to participate in the same activity. NATS has also inquired of the Rick Hansen Foundation that they provide us with information regarding accessibility requirements for trails to enable persons with disabilities to use them (at least in specified locations). NATS envisions public use of the trail to be free of charge.

For half of its length this rail corridor parallels the Salmo River, presenting views of secluded canyons and an unmanaged Black Cottonwood riparian area. NATS has initiated communication with the Salmo Streamkeepers, and supports their efforts to "restore and improve the fish and riparian habitat" of the Salmo River Valley. We hope to involve this group in an advisory role in the building and management of the trail, specifically regarding development of interpretive trails.

Increasing urbanization creates barriers between population groups of wildlife, decreasing contact and genetic variety within species. These continuous paths can aid in increasing contacts and turn into essential escape routes for wildlife during forest fires. NATS envisions signs along the trail, with information regarding both the spectacular natural features and the rich history of the area, which will lead to increased awareness and appreciation of nature and our common culture.

Potential Sources Of Return On This Investment

Development along sections of the line can be considered. The line has a minimum width of approximately 30.5 meters (100 feet), but has sections that are approximately 61 meters (200 feet) or wider at various locations along its length. Where the sections of this property are wider residential and/or industrial development is an option without threatening the integrity of the line. Initially this development could be done where road access is already available; in the future, when and where road access can be created.

The stretch of the rail line that runs along South Sheppard Road, which is subject to Nelson's jurisdiction, is approximately 1067 meters (3500 feet) long and has a minimum width of 30.5 meters (100 feet). A width of approximately 9 meters (30 feet) could be reserved for a trail and for future rail use, which would leave a minimum of 21.5 meters (70 feet) of width available for residential development. In this manner approximately 35 attractive lots of 21.5 by 30.5 meters (70 by 100 feet) could be created within Nelson City limits. We understand this type of development would conform to Nelson's Official Community Plan. At current Nelson residential lot values (about $45,000 each), this would represent a value in excess of 1.5 million.

The Village of Salmo has inquired our opinion about development on BNSF land within the Village of Salmo. They consider the property around their former train station building (which received heritage status a few months ago) a prime development site.

These are just 2 examples of many and varied possible development sites on this property. NATS believes all development should be done in cooperation with local authorities and nearby residents, and in careful consideration of environmental impacts

In other jurisdictions considerable revenue has been generated by allowing companies to run utilities (pipelines, electrical lines, fibre optic cables, etc.) along these lines. (See Appendix I and II.) More revenue may be raised from concessions, permittees, and partnerships. (See Appendix IX.)

Acquiring the property would give CBT the opportunity to offer real estate at attractive rates to institutions and businesses; a prospect which we understand is constitutive of its mandate. CBT may also decide to make parts of the trail available for 'affordable safe and decent housing' development.

It is beyond the scope of this proposal to quantify the exact returns that this property could bring. Due to its unique size and length which spans 40 kilometers and connects several communities, the possibilities are enormous. Depending on decisions made after it has been acquired, this proposal offers CBT ample opportunities to fulfill both its investment goals and a multitude of the objectives as set out in the CBT management plan.

Liability

The Provincial Government has this May passed an amendment to the 'Occupiers Liability Act' (appendix XIV). This amendment greatly diminishes the liability of land owners who allow recreational trails to run through their property. The revised act says that an occupier has no duty of care to a person of risks willingly assumed by that person other than a duty not to create a danger with intent to do harm to the person or damage to the person's property, or act with reckless disregard to the safety of the person or the integrity of the person's property. Liability insurance should be easy to obtain and affordable under this new act.

Advantages Of This Proposal To Governments

The property tax exemption or reduction that the regional/municipal governments would offer CBT could end when portions of the line have been sold or leased by CBT to third parties. In this way governments can be assured of property tax revenue when CBT develops parts of the line.

All levels of governments will receive tax revenue benefits from the increased economic activity in the tourism sector that trail development will bring. Research about trails created from rails elsewhere suggests that the benefits will be widespread and of considerable size. (See Appendix items III to VI). Currently the "nature" tourism sector in BC is worth 750 million dollars annually, and growing at a rate of 10% each year (Valerie Casselton, The Vancouver Sun, Saturday, May 23, 1998).

The trail will open possibilities for special events such as marathons, cycling, cross country skiing and dog sled events which create economic activity. (See Appendix VII and VIII.)

Many jurisdictions where recreational trails have been created have experienced increased property values along these trails which has lead to increased property tax revenues to the governments. (See Appendix X to XII.)
All governments will find satisfaction in having participated in a project which creates a unique recreational facility and preserves a historically important traffic corridor, which undoubtedly will be important again for future transportation needs, at little or no cost to the taxpayers.

Physical Characteristics Of The Burlington Northern Santa Fe Railway Corridor Between Salmo And Troup Junction

The property owned by the Burlington Northern Santa Fe Railway corridor between Salmo and Troup Junction extends for approximately 40 kilometers (28 miles). With a minimum width of 30.5 meters (100 feet) the area covered amounts to well over 120 hectares (300 acres). Many sections which used to accommodate railway "sidings" are much wider. The highest elevation along the corridor exists at Apex at approximately 950 meters (3100 feet) above sea level. The lowest elevation at Troup Junction (Kootenay Lake) is approximately 550 meters (1800 feet) above sea level. While the difference in elevation amounts to approximately 400 meters (1300 feet), the use of trestles and terraces circumvents this variance to allow an easy grade of no more than 2.5% at most.

There are a total of 12 trestle bridges along the railway corridor. These bridges range in length from 5.5 meters (18 feet) at Barrett Creek to 164 meters (538 feet) at the Hillside Bridge above Kootenay Lake. The significant heights range from 8.5 meters (28 feet) at the Anderson Creek Bridge above Nelson to 16 meters (52 feet) at the Creek Bridge north of Nelson. Most of these bridges appear in good shape to the lay observer, and greatly enhance the aesthetic qualities of a recreational trail.

The corridor passes through one city, Nelson, and two villages, Ymir and Salmo with combined populations of approximately 13,000. The remaining adjacent rural properties are comprised of lands belonging to private owners and uninhabited Crown land.

At Troup Junction (Kootenay Lake) the Nelson and Fort Sheppard Railway, Burlington Northern's predecessors, had originally made use of a large flat peninsula to accommodate a "loop" and "wye" for the unloading and transfer of passengers and freight to the sternwheelers on Kootenay Lake. There are few tangible remains of these engineering features, but the century old "footprint in the sand" is still apparent. The terrain in this location consists of sandy beach with boggy low spots and overgrown areas of cottonwood, birch and aspen. From this point the corridor crosses the CPR rail line and ascends via trestles and terraced hillside to South Nelson, or what has become known locally as "Mountain Station". At several points along this section, especially where the trestle bridges exist, there are commanding views of Kootenay Lake and the city of Nelson.

The overall area in question is part of the Nelson Forest Region and is classified (in forestry terms) as variants and subvariants of the Interior Cedar Hemlock biogeoclimatic zone. Due to the mining, logging and forest fires over the past century, there is no old growth forest to speak of in this area, but a range of seral stages of forest growth, mainly cedar, hemlock, pine, spruce, larch, Douglas fir, grand fir, and the deciduous species of cottonwood, aspen, birch, Douglas maple, alder and willow.

Nevertheless, the remnants of old growth forest remain in the form of massive cedar stumps in many pockets, especially in the riparian zones adjoining Cottonwood Lake, Camp Busk and along the Salmo River. These stumps, as well as other coarse woody debris, comprise the wildlife trees that create or enhance the habitat for a wide range of wildlife. Frequenting or inhabiting this area are several blue listed wildlife species including grizzly bears, great blue herons and harlequin ducks. At the higher elevations it is not uncommon to see moose and elk along with the more prevalent white tailed deer. Recently, a severe winter has resulted in a decline of the local ungulate population, and for this reason alone, protection of this corridor for wildlife use is imperative.

The major water bodies adjacent to this area include Kootenay Lake, Cottonwood Lake, Salmo River, Hall Creek and Barrett Creek. The potential for a small park at Troup Junction with access to Kootenay Lake would be of enormous recreational value to the community of Nelson. There already exists a regional park at Cottonwood Lake which would magnificently complement a recreational trail. From Camp Busk to Salmo, the Salmo River runs roughly parallel to the corridor providing a lush riparian backdrop that would yield significant educational opportunities for school field outings. Other aesthetically significant points of view include the riverside park through Ymir and the Camp Busk marsh.

Support For Trail Development

NATS has encountered a very positive and enthusiastic attitude from the public towards the idea of a recreational trail. Through a very low key campaign this summer, during which NATS distributed petitions to a few stores and restaurants in Salmo and Nelson, NATS received more than 2,500 signatures of support (copies enclosed). In the Village of Salmo which has a population of approximately 1100, this petition received 783 signatures! The signatures came from area residents as well as from visitors to the area. NATS has also received many letters of support (copies enclosed) from businesses, institutions and individuals.

The City of Nelson, the Village of Salmo and RDCK directors Hans Cunningham and Josh Smienk of Area G and Area E respectively (through which the rail line runs), MLA's Corky Evans and Ed Conroy and MP Jim Gouk have all expressed support for trail conversion of this rail line.

NATS feels that adjacent land owners should have a special role in the development and management of the proposed trail. To this end NATS has formed an advisory committee of adjacent property owners which presently has 7 members. NATS has also sent out a survey (copy enclosed) to all adjacent property owners to solicit their opinions regarding trail development in "their backyard".

NATS is actively participating in the Regional Council of Trails BC, who would like to see the proposed trail become a part of the Trans Canada Trail network. This group is actively pursuing the creation of a 'circle route' which would run from Christina Lake to Castlegar, to Nelson, to Salmo, to Trail, to Rossland and back to Christina Lake. The proposed trail would become the part that runs between Nelson and Salmo.

APPENDICES

Appendix I. The Northern Virginia Regional Park Authority has a twenty year license agreement with AT&T for thirty miles of fiber-optics routing along the Washington and Old Dominion Rail Trail. The annual fee from AT&T is used to cover capital improvements for the trail (McCray, 1994).

Appendix II. The trail managing entity of Wisconsin's Glacial Drumlin Trail issued a ten-foot wide perpetual easement to US Telecom, which paved the 48-mile trail ($375,000 value) in exchange for use of the corridor (Ryan, 1993).

Appendix III. Greenways, rivers, and trails can have varied levels of tourist draw. They can be travel destinations in themselves, encourage area visitors to extend their stay in the area, or enhance business and pleasure visits. (National Parks Service)

Appendix IV. San Antonio Riverwalk is considered the anchor of the tourism industry in San Antonio, Texas. Tourism is the second largest economic sector in the city, accounting for $1.2 billion annually. An auto survey concluded that the Riverwalk is the second most important tourist attraction in the state of Texas (Richard Hurd, San Antonio Department of Parks and Recreation).

Appendix V. In 1988, users of the Elroy-Sparta Trail in Wisconsin averaged expenditures of $25.14 per day for trip-related expenses. Total 1988 trail user expenditures were over $1.2 million. Approximately 50 percent of the users were from out-of-state, and the typical user traveled 228 miles to get to the trail (Schwecke, et al., 1989).

Appendix VI. In Montana, an estimated 75,000 visitors to the upper Missouri Wild and Scenic River, and Lewis and Clark National Historic Trail, contribute $750,000 annually to the economy of the area around the 149 mile river corridor (Bureau of Land Management, 1987).

Appendix VII. Eppie's Great Race consists of a 6 mile run, 12.5 mile bike ride and 6.35 mile paddle down the American River in California. The Sacramento County Department of Parks, Recreation and Open Space sponsors this annual event, held along the American River Parkway. All proceeds are donated to Adaptive Leisure Services (ALS). The 1989 Great Race raised $40,000 and race donations to date total over $260,000. These proceeds have allowed ALS to expand programs to meet the leisure interests and needs of persons with disabilities (County of Sacramento, 1989).

Appendix VIII. The 12th annual "Great Race" in Pittsburgh attracted 12,800 runners to the city. Those runners living outside Pittsburgh, but within Allegheny County, spent an average of $14.40 on race-related items, with 54 percent spent within city limits. Pennsylvania runners traveling to the race from beyond Allegheny County spent an average of $28.29 within Allegheny County, 75 percent of which was spent within Pittsburgh. Not only did the event attract runners to the city of Pittsburgh, but it is estimated that over 40 percent of all traveling parties brought at least one non-runner to the event. In fact, one estimate showed that those runners living outside city limits brought over 4,000 spectators to the event. Overall, the 1987 Great Race generated an estimated direct economic impact of $220,000 within Allegheny County. Adding registration fees paid by race participants, this total exceeds $330,000. This total does not include spectator expenditures except for those spectators brought by runners. Thus the overall total expenditures associated with the event would likely be much higher (Gitelson, et al., 1987).

Appendix IX. Along the lower Colorado River (Arizona), thirteen concessaires under permit to the Bureau of Land Management generate more than $7.5 million annually in gross receipts, with a major spin-off effect in the local economy (Bureau of Land Management, 1987).

Appendix X. A study of the impacts of greenbelts on neighborhood property values in Boulder, Colorado, revealed the aggregate property value for one neighborhood was approximately $5.4 million greater than if there had been no greenbelt. This results in approximately $500,000 additional potential property tax revenue annually. The purchase price of the greenbelt was approximately $1.5 million. Thus, the potential increase in property tax alone could recover the initial cost in only three years. In the study, the authors did note that this potential increase is overstated in part because actual assessments may not fully capture greenbelt benefits (Correll, Lillydahl, and Singell, 1978).

Appendix XI. A study of property values near greenbelts in Boulder, Colorado, noted that housing prices declined an average of $4.20 for each foot of distance from a greenbelt up to 3,200 feet. In one neighborhood, this figure was $10.20 for each foot of distance. The same study determined that, other variables being equal, the average value of property adjacent to the greenbelt would be 32 percent higher than those 3,200 feet away (Correll, Lillydahl, and Singell, 1978).

Appendix XII. In a survey of adjacent landowners along the Luce Line rail-trail in Minnesota, the majority of owners (87 percent) believed the trail increased or had no effect on the value of their property. Fifty six percent of farmland residents thought the trail had no effect on their land values. However, 61 percent of the suburban residential owners noted an increase in their property value as a result of the trail. New owners felt the trail had a more positive effect on adjacent property values than did continuing owners. Appraisers and real estate agents claimed that trails were a positive selling point for suburban residential property, hobby farms, farmland proposed for development, and some types of small town commercial property (Mazour, 1988).

Appendix XIII. DIVISION\TRANSFERRING AND DISCONTINUING THE OPERATION OF RAILWAY LINES

140.
 
1. Definition of "railway line" Issue: New Rail Line Rationalization Process In this Division, "railway line" includes a portion of a railway line, but does not include:
(a) yard track, siding or spur; or
(b)other track auxiliary to a railway line.

2. Determination
The Agency may determine as a question of fact what constitutes a yard track, siding, spur or other track auxiliary to a railway line.

141.
 
1. Three year plan Issue: Shortline Railways

 2. Public availability of plan
The railway company shall make the plan available for public inspection in offices of the company that it designates for that purpose.

3. No sale, etc., unless indicated in plan

A sale, lease or other transfer of a railway line, or an operating interest in it, is void unless, before the transfer is completed, the plan indicates the railway company's intention to transfer or discontinue operating it.

142.

1. Compliance with steps for discontinuation

Subject to subsection (2), a railway company shall comply with the steps described in this Division before discontinuing the operation of the line, but no steps shall be taken until the company's intention to discontinue the line has been indicated in its plan for at least sixty days.

2. Discontinuance ordered by Governor in Council

A railway company that operates a railway line listed in Schedule IV shall discontinue its operation of the line no later than March 31, 1996 or 10 days after this section comes into force, whichever is the later.

143.

1. Advertisement of availability of railway line for continued rail operations

The railway company shall advertise the availability of the railway line, or any operating interest that the company has in it, for sale, lease or other transfer for continued operation and its intention to discontinue operating the line if it is not transferred.

2. Content of advertisement

The advertisement must include a description of the railway line and how it or the operating interest is to be transferred, whether by sale, lease or otherwise, and an outline of the steps that must be taken before the operation of the line may be discontinued, including :

(a) a statement that the advertisement is directed to persons interested in buying, leasing or otherwise acquiring the railway line, or the railway company's operating interest in it, for the purpose of continuing railway operations; and

(b) the date by which interested persons must make their interest known in writing to the company, but that date must be at least sixty days after the first publication of the advertisement.

3. Agreement with VIA Rail

The advertisement must also disclose the existence of any agreement between the railway company and VIA Rail Canada Inc. in respect of the operation of a rail passenger service on the railway line if VIA Rail advises the railway company that it agrees to the transfer of the company's rights and obligations under the agreement to any person to whom the line, or the company's operating interest in it, is transferred.

4. Termination of agreement

If VIA Rail has not advised the railway company that it agrees to the transfer, or has advised that it does not agree to the transfer, the agreement terminates in respect of the railway line on the effective date of any transfer of the line, or the company's operating interest, under this Division.

144.

1. Disclosure of process

The railway company shall disclose the process it intends to follow for receiving and evaluating offers to each interested person who makes their interest known in accordance with the advertisement.

2. Evaluation of offers

If the advertisement has disclosed the existence of an agreement mentioned in subsection 143(3), the railway company shall, in evaluating each offer, consider whether the offeror is willing to assume the company's rights and obligations under the agreement in respect of the railway line.

3. Negotiation in good faith

The railway company shall negotiate with an interested person in good faith and in accordance with the process it discloses.

4. Time limit for agreement

The railway company has four months to reach an agreement with an interested person after the final date stated in the advertisement for persons to make their interest known.

5. Decision to continue operation of railway line

If an agreement is not reached within the four months, the railway company may decide to continue the operation of the railway line, in which case it is not required to comply with section 145, but shall amend its plan to reflect its decision.

145.

1. Offer to governments

The railway company shall offer to transfer all of its interest in the railway line to the governments mentioned in this section for not more than its net salvage value to be used for any purpose if:

(a) no person makes their interest known to the railway company, or no agreement with an interested person is reached, within the required time; or

(b) an agreement is reached within the required time, but the transfer is not completed in accordance with the agreement.

2. Which governments receive offer

After the requirement to make the offer arises, the railway company shall send it simultaneously:

(a) to the Minister if the railway line passes through

(i) more than one province or outside Canada,

(ii) land that is or was a reserve, as defined in subsection 2(1) of the Indian Act, or

(iii) land that is the subject of an agreement entered into by the railway companyand the Minister for the settlement of aboriginal land claims;

(b) to the minister responsible for transportation matters in the government of each province that the railway line passes through; and

(c) to the clerk or other senior administrative officer of each municipal or district government through whose territory the railway line passes.

3. Time limits for acceptance

After the offer is received

(a) by the Minister, the Government of Canada may accept it within thirty days;

(b) by a provincial minister, the government of the province may accept it within thirty days, unless the offer is received by the Minister, in which case the government of each province may accept it within an additional thirty days after the end of the period mentioned in paragraph (a) if it is not accepted under that paragraph; and

(c) by a municipal or district government, it may accept it within an additional thirty days after the end of the period or periods for acceptance under paragraphs (a) and (b), if it is not accepted under those paragraphs.

4. Communication and notice of acceptance

Once a government communicates its written acceptance of the offer to the railway company, the right of any other government to accept the offer is extinguished and the railway company shall notify the other governments of the acceptance.

5. Net salvage value

If a government accepts the offer, but cannot agree with the railway company on the net salvage value within ninety days after the acceptance, the Agency may, on the application of the government or the railway company, determine the net salvage value.

146.

1. Discontinuation

Where a railway company has complied with the process set out in sections 143 to 145, but an agreement for the sale, lease or other transfer of the railway line or an interest therein is not entered into through that process, the railway company may discontinue operating the line on providing notice thereof to the Agency. Thereafter, the railway company has no obligations under this Act in respect of the operation of the railway line and has no obligations with respect to any operations by VIA Rail Canada Inc. over the railway line.

2. No obligation

If the railway line, or any interest of the railway company therein, is sold, leased or otherwise transferred by an agreement entered into through the process prescribed by sections 143 to 145 or otherwise, the railway company that conveyed the railway line has no obligations under this Act in respect of the operation of the railway line as and from the date the sale, lease or other transfer was completed and has no obligations with respect to any operations by VIA Rail Canada Inc. over the railway line as and from that date.

Appendix XIV 1998 Legislative Session: 3rd Session, 36th Parliament THIRD READING

The following electronic version is for informational purposes only.
The printed version remains the official version.

Certified correct as passed Third Reading on the 12th day of May, 1998
Ian D. Izard, Law Clerk
HONOURABLE CATHY McGREGOR
MINISTER OF ENVIRONMENT,
LANDS AND PARKS
BILL 16 -- 1998
OCCUPIERS LIABILITY AMENDMENT ACT, 1998
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of
British Columbia, enacts as follows:
1 Section 3 (3) of the Occupiers Liability Act, R.S.B.C. 1996, c. 337, is repealed and the following substituted:

(3) Despite subsection (1), an occupier has no duty of care to a person of risks
willingly assumed by that person other than a duty not to

(a) create a danger with intent to do harm to the person or damage to the person's property, or

(b) act with reckless disregard to the safety of the person or the integrity of the person's property.

(3.1) A person who is trespassing on premises while committing, or with the intention of committing, a criminal act is deemed to have willingly assumed all risks and the occupier of those premises is subject only to the duty of care set out in subsection (3).

(3.2) A person who enters any of the categories of premises described in subsection (3.3) is deemed to have willingly assumed all risks and the occupier of those premises is subject only to the duty of care set out in subsection (3) if

(a) the person who enters is trespassing, or

(b) the entry is for the purpose of a recreational activity and
(i)the occupier receives no payment or other consideration for the entry or activity of the person, other than a payment or other consideration from a government or government agency or a non-profit recreational club or
association, and
(ii) the occupier is not providing the person with living accommodation on those premises.

(3.3) The categories of premises referred to in subsection (3.2) are as follows:

(a) premises that the occupier uses primarily for agricultural purposes;

(b) rural premises that are
(i) used for forestry or range purposes,

(ii) vacant or undeveloped premises,

(iii) forested or wilderness premises, or

(iv) private roads reasonably marked as private roads;

(c) recreational trails reasonably marked as recreational trails;

(d) utility rights of way and corridors excluding structures located on them.

2 Section 8 (2) is amended

(a) by repealing paragraph (a) and substituting the following:

(a) a public highway, other than a recreational trail referred to in section 3 (3.3) ©, , and

(b) by repealing paragraph (d) and substituting the following:

(d) a private road as defined in section 2 (1) of the Motor Vehicle Act, other than a private road referred to in section 3 (3.3) (b) (iv) of this Act.

Bibliography

Braumandl, T.F., et al., A Field Guide for Site Identification and Interpretation for the Nelson Forest Region, Research Branch, Ministry of Forests, Victoria, BC, 1996.

Burrows, R. G., Railway Mileposts: British Columbia, Volume II: The Southern Routes From the Crowsnest to the Coquihalla, N. Vancouver, BC, 1984.

California Department of Commerce, Office of Economic Research, Number and Characteristics of Travelers to California in 1988, Shulman Research, Sacramento, CA, 1989.

Correll, et al, "The Effects of Greenbelts on Residential Property Values: Some Findings on the Political Economy of Open Space," Land Economics, May 1978.

Gitelson, Richard, et al., The Great Race Economic Impact Study, Center for Travel and Tourism Research, Department of Recreation and Parks, Pennsylvania State University, State College, PA, 1987.

Mazour, Leonard P. "Converted Railroad Trails: The Impact on Adjacent Property." A Masters Thesis, Kansas State University, Department of Landscape Architecture, Manhattan, KS, 1988.

National Park Service, Economic Advantages of Preserving Parks, Rivers and Greenways, Rivers, Trails and Conservation Assistance, Fourth Edition, Revised, 1995.

Parish, Roberta, et al., Plants of Southern Interior British Columbia, Lone Pine Publishing, Vancouver, BC, 1996.

Schwecke, Tim, et al., A Look at Visitors on Wisconsin's Elroy-Sparta Bike Trail, University of Wisconsin: Extension, Recreation Research Center, Madison, Wisconsin, January 1989.

US Department of the Interior, Bureau of Land Management, Recreation 2000, Washington, DC, 1987.