Sale of BNSF a done deal – not so fast

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It seemed like a done deal. The news media reported the sale of the BNSF line to The Port of Seattle at the close of 2009 with plans to sell the line to King County in 2010.

Keith Ervin of The Seattle Times said: “After acquiring the rail line (which the Port has now done), the Port would sell the southern portion to King County and other buyers.”

According to the news media, King County had planned to use funds from The Conservation Futures Fund to pay for the purchase. All was well and good on Seattle’s Eastside. The rail line might be developed as a trail, with the possibility of future rail if needed.

In a November, 2009 article in The Bellevue Reporter: “County Executive-elect Dow Constantine said the agreement will fulfill a promise to the region that the Eastside Rail Corridor will receive long-term protection from development and that it will be made available for recreational uses.

“By keeping this key transportation and recreational corridor in public ownership, we are making a major commitment to our shared future in King County,” Constantine said.”

However, a King County official recently said the County Conservation Futures funds slated to purchase the line can only be used for dedicated green space, not if there’s the possibility of a future rail line.

Herein lies the dilemma. The line must be rail banked to meet federal requirements. So it may be difficult to use money from the Conservation Futures Fund. From the King County website: “Conservation Futures Tax (CFT) levy funds are collected from property taxes levied throughout King County and its cities for the purchase and permanent protection of open space lands.”

So how is King County going to pay for its share of the rail line?

Meanwhile there is a private group actively working to acquire the rights to put a commuter rail line on the existing tracks. The talk is to put a commuter line on the tracks that currently exist, even though they are in a very sad state of disrepair.

There are still questions to be answered:

• Will King County close on the deal and buy the rail line?

• How will this acquisition be funded?

• Will the line become a trail, with the line rail banked for possible future motorized travel?

• Will a private concern put commuter rail, DMU’s (Diesel Motor Units), not light rail on the line?

• Will the line become a dual use trail/train line?

• Will the proper public process be followed to determine the best use of the line?

Members of The Eastside Trail Advocates, a grassroots organization promoting a trail for walkers, bikers, and commuters while the line is rail banked for the future, will discuss these questions and more at:

The Houghton Fire Station

6602 108th Ave. N.E., Kirkland

Feb. 10 at 7 p.m.

Debra Sinick is a realtor for Windermere Real Estates Yarrow Bay office in Kirkland and writes a blog.