Maybe someone here connected with the Galloping Goose Historical Society of Dolores can fill us in on the details of the following report I heard. In the historical society early years they planned to build track down some streets in Dolores and then over the original RGS Dolores River bridge, (saved in storage) and over the former right of way to Millwood and on to Mancos. There was question of the street running in Dolores as possibly being under FRA jurisdiction so they had a Colorado Judge review the FRA tree of Jurisdiction under the term ‘Rapid Transit”. The judge looked into the case and found the term Rapid Transit was only described as “Usually electrically powered, and usually in a urban area”. The judge later added that the “urban” was not further defined, and the usually “electrically” powered could mean that any motive power could be used. It could even be steam, or the Goose. It would be just like both Cog RRs that both had steam and diesel power.
The report I was told was the Judge decided that the intent was to build a railroad from Dolores to Mancos was a trolley line-“Rapid Transit” as defined by the exemption from FRA jurisdiction and they could proceed building the line. Val Trusend then received miles of rail removed from a government base on the Front Range and stacked the rails up north of Dolores on his ranch.
To make the story even more interesting was the fact that the GGHSofD being a “Rapid Transit” would even be considered for a proportional distribution of the Federal Rapid Transit monies that were being received to build the Denver to the airport heavy rail rapid transit lines. That would be big money spread apart in Colorado to benefit the state evenly.
Their plans for the line was given up when land between Glencoe and Millwood and at Millwood would have to have access through some Indian land ownership which they refused to give up. The GGHSofD was also happy with the occasional transport of the Goose #5 to near by railroads and realized that would be a lot of track to maintain through Lost Canyon and there was not enough passenger to use it as a real Rapid transit.
Words I receive on the details said that the Judge said other lines in Colorado, like CC & Victor, were also rapid transit lines as having no commerce, along with others. If it walks like a duck, and quacks like a duck, it is a duck.
I have been unable to learn the name and date of that court ruling and would still be interested to its legal value compared to statements above where FRA claim access over nearly everything on rails
Edited 2 time(s). Last edit at 05/19/2019 06:43AM by OC MP62.
