Re: Lawsuit filed Smart is hurting and impeding north bay business
Author: OldPoleBurner
Date: 07-21-2014 - 11:42
$400,000 to RE-install a switch where one already existed before, is patently ridiculous! And this concern about installing one that "meets FRA standards" being so much more expensive, is even sillier. Switches that do not meet FRA standards are not even sold - at any price.
The fact is that any ol' switch of the proper size rail will do just fine. But it could mitigate noise and ride issues somewhat to add a sprung frog, the cost difference of which is minimal, which keeps the flange-way for the mainline path smooth. A derail would only be needed (a split point derail being the best choice), if the spur was level with or down hill to the main; a generally stupid idea anyway. One good idea would be to include a circuit controller and electric lock, to set the signal system to stop whenever the switch is not locked and aligned for the main. But we're only talking a very few grand for those extra goodies.
So why the ridiculous demand of $400,000 to replace something they had no lawful right to remove in the first place. Of course it's on SMART's dime. They are the ones that broke it! They are the ones that needed (or merely wanted) to upgrade the rail size, not the local spur owner.
While it is true that many railroads will charge an annual maintenance fee for the mainline switch; industry spurs are private property, which is always sold as a valuable asset along with the adjacent real estate. These land owners, not to mention the NWP/NCRA have had their land values damaged. They deserve redress and punitive damages.
But was it a conspiracy? Well look that word up in the dictionary. It is CERTAIN that this is not the work only one SMART employee, but of several. Not to mention the likelihood of several local political types who want to deprive the NWP/NCRA of their customers. It is not an historically uncommon strategy used to drive out an "unwanted" rail line operator.
If the shoe fits.......