Westfield intends to pave portion of Midland Trace rail line

Chris Sikich

Nov. 5, 2009 (McClatchy-Tribune Regional News delivered by Newstex) -- Westfield plans to pave nearly two miles of the abandoned Midland Trace rail line next year despite the fact its ownership of the land is questioned by a class-action lawsuit in Hamilton County Courts.

"Our opinion is we have clear title to that land," Mayor Andy Cook said. "We are proceeding with that in mind."

But Charles "Steve" Roudebush has asked a Hamilton County judge to say the old rail line that runs south of Ind. 32 belongs to property owners adjacent to the path from River Road in Noblesville to the Hamilton-Boone county line. That includes the segment from Carey Road to Union Street on which the city expects to accept a construction bid Nov. 16.

Early estimates put the cost at up to $2.4 million.

The trail is key in the city's Grand Junction plan to redevelop downtown, and Westfield officials believe it will spur development. The city also might bid and begin construction on the trail from Carey east to the Noblesville border in 2010.

While Roudebush has been standing in the way, the city might have found a way around him.

Roudebush owns a farm equipment store south of Ind. 32 in Westfield, and the Midland runs through his property. Some landowners, like Roudebush, staked fences in the middle of the former rail line -- the rails and ties are long gone -- and added the land to their property tax bills.

Westfield plans to bypass Roudebush's property by slightly looping the trail to the south on land the city owns at Simon Moon Park and the City Services Center. That's wise, Roudebush said, because if the city ripped his fence down or started paving the trail on his property, he would call the Hamilton County Sheriff's Department.

And if the court does rule Westfield has no right to the rail line its paving from Union to Carey -- no court dates are scheduled -- Cook said at worst the city would have to pay for the land through negotiations or eminent domain.

"It's not a matter of whether we will use the land or not," Cook said. "We will use the land. We're creating a public project in the best interest of the city."

Newstex ID: KRTB-0095-39480999