SMART takes extraordinary step to protect Multiuse Pathway

Petaluma, CA — The Sonoma–Marin Area Rail Transit District (SMART) announced today that its Board of Directors adopted a Resolution of Necessity authorizing the use of eminent domain within SMART’s own active rail corridor—an extraordinary and unusual step aimed at removing any ambiguity about title and ownership and safeguarding SMART’s right to build, operate, and maintain the District’s multiuse pathway. This action is a last resort to ensure uninterrupted public access and protect a critical transit asset that connects North Bay communities, links stations across the corridor, and supports first- and last-mile connections to the SMART rail.

“SMART’s job is to deliver the rail and pathway system our voters and riders asked for—from Larkspur to Cloverdale—and to protect the public’s investment while we do it,” said Eddy Cumins, SMART General Manager. “The pathway is entirely within the active rail corridor. Exercising eminent domain within our own active rail corridor seems like an odd step, but when faced with legal tactics that put our pathway and taxpayers at risk, we will act decisively to protect this asset.”

Why this action was necessary

SMART owns and operates an active passenger and freight rail corridor across Marin and Sonoma counties. Under its enabling legislation, AB 2224, SMART is authorized to construct a complementary bicycle and pedestrian pathway within its active rail corridor as part of the transit system. The pathway is being built in phases within the existing rail corridor to improve station access, make first- and last-mile trips safer and easier, and seamlessly connect people to rail service and local destinations.

Although SMART believes it already holds the property interests and rights necessary to construct, operate, and maintain the pathway, some adjacent property owners—guided by an out-of-state law firm based in Missouri, dispute SMART’s rights. The law firm argues the pathway “does not serve a railroad purpose” and contends adjacent owners should be compensated for SMART’s use of its own rail corridor for a public pathway that supports transit. SMART strongly disagrees and views these claims as a means to pressure the agency and local taxpayers into an unwarranted settlement, rather than to resolve questions of property rights.

To protect the pathway and taxpayers, resolve uncertainty, and avoid prolonged, costly litigation, SMART will file quiet title actions to confirm its rights and seek limited pathway easements by eminent domain, strictly as needed, within the corridor to conclusively clear title and confirm the public’s right to use the pathway. This targeted approach ensures the pathway remains open while eliminating the risk that title claims could disrupt operations.

Negotiating in good faith; eminent domain employed only as a last resort

In July and August, SMART mailed good-faith offers of just compensation to adjacent owners. Independent appraisals concluded any additional property interest (if it exists at all) is of nominal value because the land is already fully encumbered by an active rail corridor; accordingly, SMART offered $1,000 for a perpetual 12-foot pathway easement located entirely within its rail corridor. SMART will continue to engage with property owners to try to reach a negotiated agreement, even after the Board’s adoption of a Resolution of Necessity, because the District’s goal is resolution—not litigation.

“SMART has been clear from the start: we are a responsible steward of public resources and a good neighbor,” said SMART Board Chair Chris Coursey. “We will not allow outside interests to jeopardize a core public asset or drive up costs for our communities. Today’s action is about protecting taxpayers and keeping the pathway open to everyone.”

A vital link for first- and last-mile travel

The SMART Pathway is a transit asset—not a rail-to-trail conversion. It runs alongside active rail, integrates with train operations, and is designed to help people walk, bike, and connect to stations and the wider transportation network, including local buses and the ferry at Larkspur. To date, SMART and its partners have built over 39 miles of pathway, including approximately 29 miles of Class I multiuse path within and along the railroad right-of-way. An additional 11.3 miles are slated to begin construction soon, with the full pathway planned to extend the 70-mile length of the SMART rail corridor from Larkspur to Cloverdale.

The SMART Board approved Resolution No. 2025-27, a Resolution of Necessity that affirmed the public interest and necessity of the pathway, confirmed that the project was planned and located to achieve the greatest public good with the least private injury, found that the specific property interests were necessary for the project, and noted that SMART had made the required offer of just compensation. Adoption authorizes SMART’s counsel to initiate eminent domain proceedings limited to the pathway easements within the rail corridor.

Protecting taxpayer dollars and the Pathway

Legal challenges to SMART’s pathway have persisted since 2020. By clearing title now and securing narrowly tailored easements where necessary, SMART is acting to protect taxpayer funds, avoid future disruption, and ensure the pathway remains open, safe, and accessible to everyone in the North Bay.

“The pathway is very much a part of the SMART System. North Bay voters directed SMART to build a world-class rail and pathway system,” Cumins added. “Finishing the pathway from Larkspur to Cloverdale is central to that promise. Today’s step—rare as it is—puts the public interest first, defends our community’s investment, and keeps us moving toward completion of the SMART System.”