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Two cases from 2014 shine a light on different interpretations of Section 42 of the Transportation Act and the application of the common law doctrine of dedication and acceptance. Original article

BC Timber Sales, Arrow Field Team, has road construction plans within areas that overlap with your interest in the Columbia Western Rail Trail The roads proposed in Operating Plan #16 will be authorized under Forest Stewardship Plan (FSP) #601. As per the Forest Stewardship Plan, BC Timber Sales refers the location of the planned blocks and roads to stakeholders, interest groups, and the public that may be affected by the development. The road construction plan for Operating Plan #16 includes plans to construct two forest roads that connect to the Columbia Western Rail Trail, and to temporarily utilize the old railroad surface for logging truck use. BC Timber Sales plans to apply for authority for these activities under the Forest and Range Practices Act - Forest Recreation Regulation (sec. 16). This trail was previously a railroad track. The existing trail surface condition is more akin to an industrial forest road, and not a simple woodland hiking trail. Sections of this trail have been previously utilized for industrial activities. The trail also currently accommodates passenger vehicle traffic as there are multiple existing points of entry for motor vehicles onto the trail. This trail is a multiple use trail, and the use of motorized vehicles on the trail is currently permitted.