I was talking the other day with one of my dad's friends. He's a supervisor or district manager with American Refining and Exploration, working in the Emporium, Pennsylvania area. Of course railroads came up in conversation, and he told me that his company pays a fee for running lines underneath some of the old rail beds in the area. He explained further that they pay about $2000 a year to "an outfit down in Florida" (which I'm guessing to be CSX Transportation) for having lines under the old B&O (and Buffalo & Susquehanna before that) right-of-way. For the record, the track and structures are all gone (and have been for at least 30 years in most places). Does CSX still own the rights-of-way in that region (from DuBois, PA to Sinnemahoning, PA), with probably the greatest concentration of pipelines around Grant and Medix Run? I had originally thought not, since the R-O-W is pretty much gone in many areas, and the possibility of a revenue source popping up is next to nothing--so why would they hold and pay taxes on land for nothing? And, if they do still own the land, do they have the right to collect money for gas lines running underneath? Thanks in advance -Nick
Well, if wishing to cross property that does not belong to you, there must be permission granted. In this case, probably termed an "easement." It would be difficult to guess what the terms of the agreement might be. Even if the RR no longer owns the property, there could be terms that bind, so that payments must still be paid. There may be a file on this with the county or? When their agreement was written, I'll bet that nobody even dreamed that well over half the RR miles in the US would be long gone by 2003. Otherwise, they might have included something sunseting the contract. Or allowing the necessary land to be acquired from the RR. Boxcab E50 [ 29. May 2003, 02:01: Message edited by: BoxcabE50 ]
In Pennsylvania it depends on which railroad you are talking about. The PRR purchased most of it right-of-way in fee simple, which means that they or their designee owns it forever. The Reading, however, obtained easements which basically are dissolved once the railroad is abandoned. I am not sure how the B&O or other railroads acquired their rights-of-way. Also a railroad can pull up the tracks along a right-of-way but they still can retain the right-of-way as long as they state that there is a possibility that rail service would return in the future. Also all abandonments must be approved by the Public Utility Commission. A railroad can also pull up the tracks and lease or rent the right-of-way to utility companies and in some cases the PUC turns the right-of-way over to the utility companies.
