Who has jurisdiction over an abandoned rail line?

[NorthBrit]

Welcome on board, Ken_Vandevoort.

[ns145]

Didn’t UP take an option out to buy the IAIS when Japonica Brothers attempted a hostile takeover of the C&NW in the late 80’s?

The Polk County, IA GIS parcel website (ArcGIS Web Application) indicates that Union Pacific owns Short Line yard and the former Rock Island e-w mainline on both sides of the yard.

County GIS parcel websites across the country are a good source of information as to who currently owns and controls a current or abandoned railroad right of way. Complete histories will require a deep dive into the archives.

[jeffhergert1]

Yes, UP ,had an option on buying tje IAIS. That ran out years ago. UP also had for a few years trackage rights between Council Bluffs and Des Moines. About the only time they were used was during track maintenance on the exCNW line in western Iowa. I made one trip across the IAIS many years ago.

The UP also looked at the IAIS back when they thought they’d need a third main across Iowa and Illinois. Those days are long gone.

Jeff

[tree68]

Also keep in mind that not all unused rail lines are abandoned. The railroad may well still be paying taxes on it, and they’ll take exception to claims otherwise.

[ATLANTIC_CENTRAL]

@rrnut282

Be very careful with the information on railroads you get at the courthouse. They interpret the law as needed and/or expedient. A right of way bought in fee simple i.e. the railroad owns it lock stock & barrel, gets treated like an easement when the railroad quits running trains and just given to the adjoining property owners. I believe PC Corp lost a lot of its value in the real estate department due to bad decisions like this.

Sometimes a court order will upend the rules and that decision is rarely reflected in the original documents you can look at.

Land locked narrow strips of land are basically worthless for any other purpose unless government wants them for recreational trails, highways, etc. Adjoining property owners cannot be compelled to purchase them, let alone purchase them at market value. Nore can adjoining property owners be compelled to allow access.

In many states if the property is unattended for a number of years by its actual owner (the railroad), but is used and maintained by the adjoining property owner, they can legally claim it as theirs.

All these rules and laws vary from state to state - so yes, outcomes are highly variable.

[NorthBrit]

@ATLANTIC_CENTRAL

In many states if the property is unattended for a number of years by its actual owner (the railroad), but is used and maintained by the adjoining property owner, they can legally claim it as theirs.

It is similar here in the U.K… On the former Border Counties Railway local farmers have ‘claimed’ the abandoned land (if viable). In some places nobody wants the land - road one side, river the other. Therefore the land is left overgrown.

[El_Fixes_Things]

In Massachusetts, most abandoned railroad right of way goes to the state- but there certainly are exceptions. I definitely know some right of ways that are not still intact under one property owner, nor property of the state. I believe this may be related to at what point in history a line was abandoned/when legislation was passed that resulted in abandoned ROWs becoming state property.

If I got anything wrong here, feel free to correct me.

-El