A. The Commission shall be vested with the responsibility and authority to:

1. Plan, purchase, develop, construct, maintain, operate and protect the state trails system and shall prescribe the uses and limits of each designated trail; and

2. Acquire, by lease, deed or contract, rights-of-way or easements of trails across private, municipal, county, state or federal lands. In selecting the rights-of-way, every effort will be made to minimize any adverse effects on the adjacent landowner or user and his operations. Acquisition shall be, whenever possible, in the form of an easement obtained by gift, exchange or purchase with donated funds. In cases where these attempts fail, the Commission may authorize the expenditure of state trail funds for acquisition in fee. Any agreement for acquisition of rights in land shall be for terms of not less than twenty-five (25) years whenever possible.

B. The Commission may abandon any portion or all of a trail or easement acquired for trail purposes; or it may transfer any trail or easement to a local government having jurisdiction over the area in which the trail or easement is located, provided that such local government agrees to maintain and operate the trail.

C. The Commission shall notify the owner of the land, through which any trail or easement passes, prior to entering into any agreement with local government for the operation of a trail and shall secure the consent of the landowner prior to the transfer of any trail or easement to a local government.

D. The Commission shall review all formal declarations of railroad rights-of-way abandonment for possible inclusion into the state trails system.

E. Within the boundaries of a right-of-way, the Commission may acquire, on behalf of the state, lands in fee title, any interest in lands in the form of scenic or other easements or any interest in lands under cooperative or other agreement. Acquisition of land or of any interest in land may be by gift, purchase or exchange. Acquisition may be through the use of funds obtained by donation, federal grants, legislative appropriation or otherwise. In acquiring real property or any interest therein, the power of eminent domain shall not be used.

F. 1. The Commission shall encourage the provision of bicycle routes within the rights-of-way of federal aid system highways and on or along county and city roadways. These bicycle routes shall be composed of three types of pathways: bicycle trails, bicycle lanes and bicycle routes. Bicycle trails shall be distinct pathways which separate bicycles from motorized vehicular traffic by means of an open space or barrier. Bicycle lanes shall use designated portions of existing roadways and will be clearly marked and separated from automobile lanes. Bicycle routes shall be existing, low-volume roads and will be designated by clearly marked signs.

2. Prior to the designation and construction of the bicycle pathway system, the Commission shall authorize the development of a bicycle master plan. The plan shall be comprised of a set of clearly defined goals, a statement of current and projected demands, a proposed layout of routes, construction specifications, cost projections and the scheduling of implementation. The plan shall likewise devote serious consideration to those design criteria which will help to ensure the safety of bicyclist, pedestrian and motorist alike.

3. Funds received for this pathway program shall be expended in amounts deemed reasonable and necessary by the Commission for the establishment of the bicycle pathway system.

Added by Laws 2005, c. 363, § 82, eff. Nov. 1, 2005.