Scoop: Philly plans to seize railway viaduct via condemnation
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A bird's-eye view of the proposed Viaduct Greenway atop the unused railway viaduct. Image: Courtesy of the Center City District/Studio Bryan Hanes
The future of a long-awaited elevated park project in North Philadelphia could hinge on a ruling by an obscure federal board.
Why it matters: Mayor Cherelle Parker's administration wants to acquire an unused railway viaduct and transform it into a hip public park — and a favorable decision from the federal Surface Transportation Board (STB) could help.
Catch up quick: The elevated viaduct ceased operations as a railroad in the early 1980s. It winds more than half a mile from Vine Street to Fairmount Avenue — and is overgrown with weeds.
- The Center City District has grand plans to convert it into the Viaduct Greenway, a park with walking and biking paths that connect to The Rail Park. The greenway is projected to cost up to $110 million.
- Owner Reading International has resisted the city's efforts to acquire the property for years.
Now, the city wants to take it over via condemnation, per public documents.
State of play: STB is considering the city's petition seeking a ruling that the right to operate a railroad line on the viaduct has been abandoned.
- The city argues that the viaduct can no longer be used for railroad operations, per the petition filed last year.
- The city also claims in the filing that Reading is not a rail carrier, and, therefore, shouldn't be exempt from certain state and local laws, like Pennsylvania's anti-blight law.
- The STB, which oversees economic regulation of railways, could issue an order in the coming weeks.
Context: Reading International is "focused on the development, ownership and operation of entertainment and real property assets" in the U.S., Austria, and New Zealand, per its website.
- The company also owns movie theaters.
The other side: Reading says in public filings that the viaduct is not abandoned and that a rail carrier could operate there.
- Reading also argues that the city is acting as a developer to obtain property it doesn't own.
Between the lines: If STB sides with Reading, the company could maintain the viaduct as-is — making a city push to seize the property through condemnation far less likely.
- Reading's lawyer declined Axios' request for comment.
Behind the scenes: U.S. Sen. John Fetterman and Rep. Brendan Boyle have nudged the STB to make its determination ASAP through letters submitted to the board.
- Boyle said the board's decision has "significant land use implications" that affect several neighborhoods in his district, per his letter.
City Councilmember Mark Squilla, who represents the district the viaduct is in, said in a letter to the STB that Reading had neglected the structure for more than 40 years.
- He argued that the viaduct is having a "blighting and negative public safety impact on adjacent low- and moderate-income neighborhoods."
Meanwhile, the city is "still exploring and open to all legal options, pending the outcome of this petition," Ava Schwemler, a spokesperson for the city's law department, tells Axios.
What we're watching: Design work on the Viaduct Greenway project is delayed, Paul Levy, head of Center City District's board, told Axios.
- A federal grant to help the district get construction documents for the project was "held up," he said. Levy declined to elaborate.
- "Nothing has been canceled, and we are working our way through the process," he said.