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Re: Railroad easement [Re: booner] #3689581
06/13/22 03:40 PM
06/13/22 03:40 PM
Joined: May 2020
Posts: 464
Jasper,al
J
JasperGlass Offline
4 point
JasperGlass  Offline
4 point
J
Joined: May 2020
Posts: 464
Jasper,al
Treat railroads like you treat the game check laws. Ignore the rules and have fun šŸ˜‚

Re: Railroad easement [Re: Frankie] #3689673
06/13/22 06:05 PM
06/13/22 06:05 PM
Joined: Jul 2011
Posts: 37,832
Boxes Cove
2Dogs Offline
Freak of Nature
2Dogs  Offline
Freak of Nature
Joined: Jul 2011
Posts: 37,832
Boxes Cove
Originally Posted by Frankie
Not how I understand it . RR tracks , roads , power lines , gas lines , etc or really nothing more than easements through private land .



RR are very powerful. RR main lines are owned (don't know about spurs and secondary), it's not an easement or ROW. Most have been around 150 years are so, there are laws that govern and protect RR that don't apply to anything else.

Last edited by 2Dogs; 06/13/22 06:57 PM.


"Why do you ask"?

Always vote the slowest path to socialism.







Re: Railroad easement [Re: booner] #3689726
06/13/22 07:45 PM
06/13/22 07:45 PM
Joined: Jul 2020
Posts: 777
Birmingham/Scottsboro
W
wk2hnt Offline
4 point
wk2hnt  Offline
4 point
W
Joined: Jul 2020
Posts: 777
Birmingham/Scottsboro
And railroads have their own security people who have a lot of pull and they normally don’t play around.

Re: Railroad easement [Re: wk2hnt] #3689739
06/13/22 08:12 PM
06/13/22 08:12 PM
Joined: Jul 2011
Posts: 37,832
Boxes Cove
2Dogs Offline
Freak of Nature
2Dogs  Offline
Freak of Nature
Joined: Jul 2011
Posts: 37,832
Boxes Cove
Originally Posted by wk2hnt
And railroads have their own security people who have a lot of pull and they normally don’t play around.


RR don't play about anything. Folks get hit by a train think they're gonna sue and get a bunch of $ , good luck with that, you were on THEIR Railroad !



"Why do you ask"?

Always vote the slowest path to socialism.







Re: Railroad easement [Re: 2Dogs] #3689750
06/13/22 08:21 PM
06/13/22 08:21 PM
Joined: Apr 2010
Posts: 1,916
Auburn
F
fr8-shkr Offline
8 point
fr8-shkr  Offline
8 point
F
Joined: Apr 2010
Posts: 1,916
Auburn
Originally Posted by 2Dogs
Originally Posted by Frankie
Not how I understand it . RR tracks , roads , power lines , gas lines , etc or really nothing more than easements through private land .



RR are very powerful. RR main lines are owned (don't know about spurs and secondary), it's not an easement or ROW. Most have been around 150 years are so, there are laws that govern and protect RR that don't apply to anything else.


This^^^

All I know is this. Every person I have hit or killed in 18 years was not supposed to be there. They are referred to as trespassers. Everyone of them, and treated as such. I have seen a excavator operator get hit on the mainline. Property on both sides of the rail was owned by the paper mill. He was another trespasser. He was not supposed to be there. In the event that I hit a landowner who happens to be hunting on the tracks, I will fill everyone in on how it pans out. Pretty sure he will be trespassing, meaning he does not own the property on which he was on. That’s about as much as I can tell you, but I’m no lawyer.

Re: Railroad easement [Re: 2Dogs] #3689831
06/13/22 10:45 PM
06/13/22 10:45 PM
Joined: Apr 2000
Posts: 18,307
Elmore County
Frankie Offline
Old Mossy Horns
Frankie  Offline
Old Mossy Horns
Joined: Apr 2000
Posts: 18,307
Elmore County
Originally Posted by 2Dogs
Originally Posted by Frankie
Not how I understand it . RR tracks , roads , power lines , gas lines , etc or really nothing more than easements through private land .



RR are very powerful. RR main lines are owned (don't know about spurs and secondary), it's not an easement or ROW. Most have been around 150 years are so, there are laws that govern and protect RR that don't apply to anything else.



Yes but they don't own the land even though they are given control of that strip of ground . It's ROW

Re: Railroad easement [Re: 2Dogs] #3689832
06/13/22 10:48 PM
06/13/22 10:48 PM
Joined: Apr 2000
Posts: 18,307
Elmore County
Frankie Offline
Old Mossy Horns
Frankie  Offline
Old Mossy Horns
Joined: Apr 2000
Posts: 18,307
Elmore County
Originally Posted by 2Dogs
Originally Posted by wk2hnt
And railroads have their own security people who have a lot of pull and they normally don’t play around.


RR don't play about anything. Folks get hit by a train think they're gonna sue and get a bunch of $ , good luck with that, you were on THEIR Railroad !


That thing call negligent will get you ever time though.

Re: Railroad easement [Re: Frankie] #3689871
06/14/22 05:44 AM
06/14/22 05:44 AM
Joined: Jul 2011
Posts: 37,832
Boxes Cove
2Dogs Offline
Freak of Nature
2Dogs  Offline
Freak of Nature
Joined: Jul 2011
Posts: 37,832
Boxes Cove
Originally Posted by Frankie
Originally Posted by 2Dogs
Originally Posted by Frankie
Not how I understand it . RR tracks , roads , power lines , gas lines , etc or really nothing more than easements through private land .



RR are very powerful. RR main lines are owned (don't know about spurs and secondary), it's not an easement or ROW. Most have been around 150 years are so, there are laws that govern and protect RR that don't apply to anything else.



Yes but they don't own the land even though they are given control of that strip of ground . It's ROW



slap



"Why do you ask"?

Always vote the slowest path to socialism.







Re: Railroad easement [Re: booner] #3689954
06/14/22 08:32 AM
06/14/22 08:32 AM
Joined: Apr 2000
Posts: 18,307
Elmore County
Frankie Offline
Old Mossy Horns
Frankie  Offline
Old Mossy Horns
Joined: Apr 2000
Posts: 18,307
Elmore County
a rail company no longer has use for its railroad right of ways, it may abandon the rail line. When the line is abandoned, ownership can revert back to the underlying landowner, usually the adjacent property owner. An adjacent landowner may have a reversionary interest in the land if the railroad right of way was granted to the company as an easement for the purposes of operating the railroad. In sucheasement for the purposes of operating the railroad. In such situations, when a railroad abandons the line, it gives up its easement rights to use the land and ā€œfee simpleā€ – complete and exclusive – ownership reverts to the underlying landowner.

https://www.ownerscounsel.com/rails-to-trails-takings-property-owners-rights-when-land-use-changes/

Re: Railroad easement [Re: booner] #3690204
06/14/22 05:14 PM
06/14/22 05:14 PM
Joined: Feb 2011
Posts: 1,528
South Al
Brian_C Offline
8 point
Brian_C  Offline
8 point
Joined: Feb 2011
Posts: 1,528
South Al
PM sent Booner.

Re: Railroad easement [Re: booner] #3690380
06/14/22 09:35 PM
06/14/22 09:35 PM
Joined: Jul 2019
Posts: 1,912
Madison
R
redgineer Offline
8 point
redgineer  Offline
8 point
R
Joined: Jul 2019
Posts: 1,912
Madison
Those tracks are on your lease! You have the right to stop every train and demand a 10% tariff.

Re: Railroad easement [Re: redgineer] #3690491
06/15/22 06:57 AM
06/15/22 06:57 AM
Joined: Jul 2011
Posts: 37,832
Boxes Cove
2Dogs Offline
Freak of Nature
2Dogs  Offline
Freak of Nature
Joined: Jul 2011
Posts: 37,832
Boxes Cove
Originally Posted by redgineer
Those tracks are on your lease! You have the right to stop every train and demand a 10% tariff.


laugh





"Why do you ask"?

Always vote the slowest path to socialism.







Re: Railroad easement [Re: booner] #3697958
06/26/22 06:26 PM
06/26/22 06:26 PM
Joined: Dec 2011
Posts: 889
North Alabama
Y
yelkca280 Offline
6 point
yelkca280  Offline
6 point
Y
Joined: Dec 2011
Posts: 889
North Alabama
Fine is 1k and reg is the same as shooting across a hwy. i received a warning a few years back because the stand i was in was 40 yrds from the track looking back onto my lease. I was rifle hunting. I would have been clean if i had a bow, crossbow, pistol or shotgun with shot smaller than #6.

Re: Railroad easement [Re: 2Dogs] #3697990
06/26/22 07:06 PM
06/26/22 07:06 PM
Joined: Dec 2010
Posts: 17,387
lat 34.09 long -86.13
metalmuncher Offline
Old Mossy Horns
metalmuncher  Offline
Old Mossy Horns
Joined: Dec 2010
Posts: 17,387
lat 34.09 long -86.13
Originally Posted by 2Dogs
Originally Posted by Frankie
Originally Posted by 2Dogs
Originally Posted by Frankie
Not how I understand it . RR tracks , roads , power lines , gas lines , etc or really nothing more than easements through private land .



RR are very powerful. RR main lines are owned (don't know about spurs and secondary), it's not an easement or ROW. Most have been around 150 years are so, there are laws that govern and protect RR that don't apply to anything else.



Yes but they don't own the land even though they are given control of that strip of ground . It's ROW



slap



The pins set in the ground to mark my property line are driven into the rocks in the center of the tracks. I'm fairly sure that's also where the deed says the line is. This rail line is active and has a couple or three trains per day on it.

Re: Railroad easement [Re: redgineer] #3698060
06/26/22 08:12 PM
06/26/22 08:12 PM
Joined: Jan 2022
Posts: 319
Hardwoods
B
Bankheadhunter Offline
4 point
Bankheadhunter  Offline
4 point
B
Joined: Jan 2022
Posts: 319
Hardwoods
Originally Posted by redgineer
Those tracks are on your lease! You have the right to stop every train and demand a 10% tariff.



Post the results of your tariff collecting.

Re: Railroad easement [Re: metalmuncher] #3698168
06/26/22 10:59 PM
06/26/22 10:59 PM
Joined: Jul 2011
Posts: 37,832
Boxes Cove
2Dogs Offline
Freak of Nature
2Dogs  Offline
Freak of Nature
Joined: Jul 2011
Posts: 37,832
Boxes Cove
Originally Posted by metalmuncher



The pins set in the ground to mark my property line are driven into the rocks in the center of the tracks. I'm fairly sure that's also where the deed says the line is. This rail line is active and has a couple or three trains per day on it.


Those tracks must be a spur, RR doesn't always own spurs. When I was in the courthouse the other day I asked our Rev. Commissioner , he said Norfolk-Southern owns the mainline and pays property taxes on them . They pay at a higher business rate. They send the payment to Montgomery , they take their cut then send the counties theirs .



"Why do you ask"?

Always vote the slowest path to socialism.







Re: Railroad easement [Re: booner] #3698378
06/27/22 10:33 AM
06/27/22 10:33 AM
Joined: Sep 2006
Posts: 3,972
West Alabama
Ant67 Offline
10 point
Ant67  Offline
10 point
Joined: Sep 2006
Posts: 3,972
West Alabama
I hate to argue on Aldeer but just so no one is confused the RR owns the land the tracks are on. It’s not a row. If they abandon the tracks they typically give the property back to the adjacent landowners but they don’t have to. Common also to give the property to a govt entity for a road.

Last edited by Ant67; 06/27/22 07:35 PM.
Re: Railroad easement [Re: Ant67] #3698751
06/27/22 08:55 PM
06/27/22 08:55 PM
Joined: Apr 2010
Posts: 1,916
Auburn
F
fr8-shkr Offline
8 point
fr8-shkr  Offline
8 point
F
Joined: Apr 2010
Posts: 1,916
Auburn
Originally Posted by Ant67
I hate to argue on Aldeer but just so no one is confused the RR owns the land the tracks are on. It’s not a row. If they abandon the tracks they typically give the property back to the adjacent landowners but they don’t have to. Common also to give the property to a govt entity for a road.


They can also abandon the tracks, rip up the rail, and still maintain trackage rights. In case they choose to rebuild the line or sell those trackage rights to another railroad who wants them.

Re: Railroad easement [Re: fr8-shkr] #3699680
06/29/22 12:13 PM
06/29/22 12:13 PM
Joined: Sep 2006
Posts: 3,972
West Alabama
Ant67 Offline
10 point
Ant67  Offline
10 point
Joined: Sep 2006
Posts: 3,972
West Alabama
Originally Posted by fr8-shkr
Originally Posted by Ant67
I hate to argue on Aldeer but just so no one is confused the RR owns the land the tracks are on. It’s not a row. If they abandon the tracks they typically give the property back to the adjacent landowners but they don’t have to. Common also to give the property to a govt entity for a road.


They can also abandon the tracks, rip up the rail, and still maintain trackage rights. In case they choose to rebuild the line or sell those trackage rights to another railroad who wants them.

Very true.

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