A popular portion of the KVR Railway between Summerland and West Bench has fallen into disrepair while a transfer of ownership two years in the making drags on.

The 45-acre parcel of land is stuck in limbo, ever since CP Rail reached an agreement with the help of Transport Canada to transfer ownership to the Penticton Indian Band in September 2016. The three parties say they are unable to disclose details of the transfer, but at this point, the land is still under CP Rail control, which means local governments can't step in to maintain the trail.

Terrain along the abandoned railway is treacherous, pockmarked with potholes and rugged terrain. Earlier this month, a man fell into a particularly large hole, requiring the Penticton Fire Department to help extricate him and tend to his injuries. 

"It's an abandoned rail corridor, so the surface is pretty rough, and you won't find any signage or formal trailheads along it as you would with other, formal trails," said Penticton and Area Cycling Association board member Trisha Kaplan.

The association hopes that once the land transfer is complete, an official trail could be put in place.

"There's beautiful views, it would be a great trail," Kaplan said. 

Mark Woods, community services manager with the Regional District Okanagan Similkameen, said the district is interested in maintaining the trail, but has to wait until the PIB assumes control of the land. 

"For the past number of years we've had a standing request [with the Penticton Indian Band] to manage the land," Woods said. "We're just in a holding pattern on that."

CP Rail responded to multiple requests for comment with the statement: "CP continues its discussions with the Penticton Indian Band."

Transport Canada responded to questions by stating: "All three parties are working to fulfill the steps outlined in the agreement, so the land can be transferred from Canadian Pacific to the Government of Canada, and subsequently from the Government of Canada to the Penticton Indian Band."

CP Rail, Transport Canada and the Penticton Indian Band all did not provide a timeline for the land transfer to be completed, so for the time being, the railway corridor will remain without official maintenance.