May 9, 2012

Attempting to Alleviate Fears That Tax Payers May Incur Financial Burden in Retaining Dinky

To the Editor:

As a tax payer, concerned citizen and transportation professional, I would like to try to alleviate some fears that have been expressed in the local media that Princeton tax payers may be incurring a financial burden associated with the various efforts to retain passenger service to the historic Princeton Train station.

Let me try to make clear the reality of the current situation. In 1984 NJ Transit (NJT) and Princeton University entered into a contract (http://savethedinkyorg/contract) in which NJ Transit received almost $1M from Princeton University in return for:

1. allowing Princeton University the right to pay NJ Transit’s expenses incurred in abandoning passenger service between the former terminus in front of the passenger building to its current location in front of the freight building, a length of about 170 feet and width of about 12 feet or 0.05 acres, and

2. ownership in a 2.564 acre parcel of land, encumbered by a public transportation easement (http://orfe.princeton.edu/~alaink/Dinky/Easement.pdf) retained by NJ Transit. The land includes the historic station buildings, the rail right of way and a parking area.

This means that NJ Transit, an agent of We the People, currently owns the perpetual right to the use of all but 0.05 acres of the 2.56 acres for only public transportation service so long as passenger service continues. NJ Transit, acting for the public, retained those rights forever, or for five years after the abandonment of passenger services, whichever comes first.

NJT stopped passenger service on the 170 x12 foot segment in about 1988, so the University may own that portion of the land free and clear and may thus do what it wishes on that sliver of land. However, on the rest of the property, the public retains the clear right to continue public transportation service from now and forever, irrespective of any zoning, MOU or back-room deals.

This is a very valuable right when one considers that Princeton University paid almost one million in 1984 dollars for the right to obtain free and clear title to a 0.05 acre sliver of land. Since today’s dollar is worth essentially half the 1984 dollar, the value of this public transportation easement owned by We the People in current dollars is at least $40 million per acre, or $100 million for the remaining 2.5 acres. That’s what a private entity would owe New Jersey taxpayers for the right to vacate the easement five years AFTER cessation of passenger service, whenever that might happen.

The price for the giving up of that asset earlier than May 9, 2017 would be much greater than $100 million. So, who is liable to owe whom a lot of money? The public transportation easement retained by NJT for the benefit of the public is an extremely valuable asset that either needs to be kept and used for its public purposes or sold for all of its value if the public good is better served by abandoning its public transportation use.

Alain L. Kornhauser

Montadale Circle