James G. Ashley, Jr. and Pamela C. Ashley Historical Marker

Dedicated in 2010 by the Native Sons and Daughters of Greater Kansas City, this historical marker commemorates the efforts of the Ashley family to preserve the legal right-of-way of this historic railroad corridor which made the current walking path possible. The walking trail next to this marker follows the same path of rail lines that conveyed passengers and freight dating back to the 1870s. The Ashley family transferred their legal interest in the former rail route operated by the Kansas City and Westport Belt Railway in order to make this path possible. The Ashleys also successfully defended this action in a series of court cases between 1981 and 1985. By keeping the legal right-of-way status intact between the termination of the rail line and 1991, it was possible to build this trail even though it, like the previous rail line, crosses through land owned by multiple property owners. In addition to this marker, the trail also has a marker about seven hundred feet north of this location that marks the former location of the trolley station that served once served the Country Club Line.

Dating back to the last three decades of the 19th century, trolley and rail lines connected this part of Kansas City to the urban core. In the 1890s, the Kansas City and Westport Belt Railway operated this line, which connected the growing communities south of Westport, including the Country Club District and Waldo. The line crossed numerous parcels of land owned by different entities, a condition common to roads and rail lines. The names of rail companies changed, as did ownership of the adjacent land parcels, leading to a complicated legal case that occurred when landowners challenged the Ashley family's effort to transfer their interest to the Kansas City Area Transportation Authority.

To understand the essence of the court case and the importance of the Ashley family's actions, it's first important to understand the origins and purpose of the legal doctrine known as "right-of-way." Before they would invest resources, rail companies sought legal assurances that they could operate throughout a complete corridor. As the nation's rail and road network grew, courts generally cited in favor of rail companies, cities, and states over private landowners who tried to prevent construction, arguing that the public interest in building transportation networks outweighed the private interest in controlling a parcel of land.

These cases upheld the legal doctrine known as "right-of-way." In simple terms, a railroad right-of-way is similar to an easement in its capacity to grant the rights to use a stretch of land belonging to one or more landowners to support a publicly-identified need such as operating a road or maintaining utility lines.

In the post-war period, highways and interstates became the preferred method of travel for many people and freight companies. As a result, the railroad industry saw a period of rapid consolidation along with the elimination of tens of thousands of miles of track. In most cases, the termination of a rail line meant that the legal standing of the railroad right-of-way also disappeared. For some, this was a lost opportunity to use the former rail corridors to build a different kind of trail that could support outdoor recreation. For others, the elimination of rail routes seemed a dangerous precedent because it would be far more difficult to rebuild rail networks if there was not already an established legal right-of-way corridor in the modern era.

Following a series of legal decisions and court cases in the 1980s and 1990s, cities and states began converting former rail routes into walking paths and hiking trails. The National Trails System Act of 1983 codified the process and made it possible for a right-of-way to be transferred from a rail company or other entity to an organization that would convert the former rail line to a walking trail or another public purpose. The law also made it possible for these trails to once again be utilized for transportation infrastructure if needed. Under this legal doctrine, tens of thousands of former rail lines are now public trails, while some former right-of-ways are being repurposed to support streetcar lines in the modern era.

By keeping the railroad right-of-way intact between the end of rail service along this route, James and Pamela Ashley were able to convey the right-of-way to the Kansas City Area Transportation Authority to prevent each of the individual owners of the land from blocking any effort to build a public trail.

Railbanking, Rails-to-Trails Conservancy. Accessed April 2nd 2022. https://www.railstotrails.org/build-trails/trail-building-toolbox/acquisition/railbanking/.

Nigro v. Ashley, 690 S.W.2d 410 (Mo. Ct. App. 1985)

Morton, LaDene . The Train Out of Westport: Part 1 – The Waldo “Dummy” Line, KC Backstories. November 17th 2019. Accessed April 2nd 2022. https://kcbackstories.com/2021/07/07/the-train-out-of-westport-part-1-the-waldo-dummy-line/.