ERTS Hearing
March 28 2022

Well over 100 Clayonians attended the CCC's ERTS
Hearing
About a month ago a
group of landowners attended a County Commission meeting and
expressed their concerns over losing access to their homes if
the ERTS trail is completed between Hartland and Queen Shoals.
Responding to the ladies' request, Commissioner Fran King
organized a Town Hall style meeting between the home owners,
Bright Industries (RR owner), elected officials and Govt
agencies.
Held Monday March 28th from 2 to 4pm, right
at 100 homeowners attended the meeting held in the Circuit
Courtroom upstairs in the Courthouse.
As for the elected folks and Govt officials showing up,
not so much. Reps from DNR? Senators, Delegates? Didn't happen
with one exception.
Senator Richard Lindsay Jr (D) from the 8th Senatorial
District did attend and participated during the question
and answer session. Note: Clayberry will be in the 8th
Senatorial District after redistricting takes affect on Jan
1st.
Frank Jorgensen from Elk River Railroad was up front
and handled 99% of the questions, questions and after
questions, and mostly the same questions over and over. With
the patience of a Saint, the responded to each of the topics.
Back in the peanut gallery, the Elk River Trail
Foundation was also in attendance and answered a few
questions. Mitch DeBoard from the Business
Development Authority (BDA) was there briefly. He left to do
his school bus run.
If you're looking for rock throwing, potty mouth,
squeezing anybody around the neck, didn't happen. Instead,
Clayonians held their cool while getting their point across.

Frank Jorgenson from Elk River RR answered every
question and often answered the same question more than once
Before
getting the Q&A part started, Frank Jorgensen provided all
with an update on the ever growing hiking, biking, horseback
riding trail along the Elk River. According to the Gospel of
Frank, the five part project plan remains unchanged from when
it was announced five years during a BDA meeting at Two Run.
In a nutshell: Project 1 is the section of ERTS from
Ivydale to Pisgah which is about done; Project 2 was the
addition North of Duck which is nearly complete; Project 3
from Queen Shoals down to our Southern border colony,
Clendenin; Project 4 from Duck up to Gassaway which is about
90% complete to date; and finally, the reason for this
hearing, Project 5 between Hartland to Queen Shoals.
With most of the other stuff nearing completion this
Summer, the problem section down to Queen Shoals was the
center of attention for this coverage.
For those that don't know... lots of people live
along the RR rights of way (ROW). Housing has been in place
for well over 100 years. When the trains stopped running
decades ago, landowners starting using the RR rights of way to
get to their homes. In other areas, there was flat land on the
edge of the ROW and that served as easement for vehicular
traffic of all kinds.
Some owners think they have an absolute right to use
the ROW. Others brought with them old deeds which reverted the
ROW to the original land owners in the late 1880's. Others
spoke on, we've used that road for decades and now you are
trying to take it away from us!!! There were a few heated
exchanges.
Concerns expressed:
This is a great way to steal land
Your railroad lost the authority to own that
ROW after you didn't build the tracks forty year ago.
YOU have no easement
One lady felt there was no economic advantage to
growing tourism instead of leaving things just as they are.
For a solid 2 hours, the questions, and repeated
questions kept coming. Some of em were better than others.
There are instances where the RR ROW has been paved for public
use by the State Road gang.
As for the economic benefit of having a hiking,
biking, horseback riding trail for County Clay, Foundation
Chair Ken Tawney provided: there's a bunch of economic
gain, in Clendenin there's a already a new brewery, bed and
breakfasts have opened, Air BnB's have come; a new kayak
livery has opened; new jobs have come to pass, they expect to
realize a $5M annual increase ; and a new "trail town" study
should be complete this Fall which will serve as a guide on
how to get things growing along for the entire length of ERTS
(includes Clayberry for instance).
After hearing the same dumb bunny questions over and
over, Tawney seemed to get peed and sat down.
Commissioners Dave Schoolcraft and Fran King
conducted the meeting. Emphasis was, don't turn this into a
brawl
On and on they went. After wearing out a nearly
new ball point pen, we're switching gears to the front line
take aways.
Appalachians have a common trait. We are clanish.
We're not big on any change. We want to be left alone. We
don't understand why we can't drive on someone else's
property. Many of those in attendance NEVER had a rights of
way to their property. About as many never had a title search
for those holdings before purchasing. Others were duped by
real estate agents that told em: There ain't no problem
getting there. The railroad ain't never coming back. Liar
liar, pants on fire!
Before we get over to Frank's side of the issue.....
Remember the Native Americans 150 years ago? When the
railroads came across the West, they said F the Indians, full
speed ahead! For those that remember history, they know
not to trust railroad executives.... past practices speak
volumes!
For this meeting, Frank answered every question
asked and did so with the very same straight forward answers
he provided the county five years ago.
Basically, no landowner will lose access to their
property. Jorgensen, "We are not going to cut off
anybody.." The RR will figure out a "safe" way for
property access and trail use. As for getting to
decades old cemetery access, Frank "We are accommodating.."
Jorgensen had to repeat himself over and over. It was
as if the landowners didn't want to listen. Instead, they had
tension built up and they just wanted to be heard.
About 35 miles of ERTS was built without issue. That
gravel covered trace is being used daily without
problems. A maintenance man has been hired as has a
State Park Superintendent. Soon a Park office and maintenance
center will be built in Pisgah. The State has budgeted an
additional $1.6M for the Park.
On the section from Hartland to Queen Shoals,
there are places to narrow to accommodate a hiking trail and a
separate vehicle access. That's the part that is of greatest
concern for the home owners For those sections,
Jorgensen has already said, those areas will have multi use
roads. Frank, "Roads will stay where they are."
As for all the access promises made by Frank after the
State Park service takes over.... Frank: that won't happen
until all the issues are fixed.
For the attendees that said: This is all a smoke
screen... We are Americans...You're taking a home to ride a
bike!!!!!!!!!! and Something smells here! You have every right
to think like that BUT it's not backed up by any Elk River RR
actions ... so far.
County Clay is already benefiting from ERTS. New
jobs have come our way as have new businesses. If ERTS gets
open from Gilmer Station down below Clendenin, those new
dollars will make a real difference to our economy.
Malcolm Forbes once said: When you don't understand,
it's sometimes easier to look like you do.
aw
PS Charleston GAzette Mail newspaper has much more
complete look at the meetings. Keep in mind, to read any of
their articles, you have to sign in with a user name and
password. Here's
the link to that informative article.