Access digital copies of guides and regulations publications from the Nebraska Game and Parks Commission.
Issue link: http://digital.outdoornebraska.gov/i/1521208
LAND ACQUISITION Once you have identified a potentially feasible route for your trail, if you do not already own the land, acquiring the land for your trail can be one of the most challenging and complex parts of building a trail. The least challenging land to develop a trail on is typically the land you already own. Educating yourself and your group on the various types of land ownership and land transfer methods will help lay the foundation for which acquisition type would be best for your trail project. This could be purchasing property, obtaining an easement, or lease agreement. To determine which land acquisition type is appropriate, consider these questions: • Does the proposed route run through private or public lands? • If the proposed route is on public land, » Are there existing uses that could prevent you from building a trail? » Is the owner amenable to work with you on building a trail? • If the proposed route is on private land, » Do you know who owns the land? » Do you want to obtain ownership of the land, or would an easement suffice? » If an easement is needed, an agreement needs to be in writing to ensure clear roles of land manager and landowner. Other agreements may be needed for public entities. • What are the land use ordinances or zoning laws? » To find information, look in your community comprehensive plan or check with your municipal planning or building department. Federal Funds and Acquisition If you will be using federal funds of any kind for your trail, and you do not already own the land, the land proposed to be developed must be acquired in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 49 CFR (Code of Federal Regulations) part 24, often referred to as the Uniform Act. This could limit what property you can potentially use. The Uniform Act applies if acquisition is part of your project, even if federal funds are only spent on trail development. Meet with your grant administrator before moving forward with any part of your project. If you think you want to use federal funds for your trail, automatically follow the Uniform Act when working to obtain land or you won't be eligible for federal funding. Encourage private developers to incorporate alternative types of transportation like trails in any development that comes to your community. Obtaining legal advice for all property sale, donation, easements, lease agreements, etc., is highly recommended. Property disputes significantly delay or can break your project. Horse trail ride at Niobrara State Park. 22