 |
Re: Xonstruction in the canyon
Author: fkrock
Date: 07-06-2015 - 08:05
Dr Zarkoff Wrote:> also?
>
> WRM has also done this "historic district" thing
> with it's SN trackage, but this didn't take the
> R/W out of the rail banking program. I suspect if
> you dig through all the legalese and documents
> thoroughly, you'll find exactly the same is true
> for PLA's railroad: although a "historic district"
> has been declared, Ala Co is still the custodian
> of the R/W under the rail banking act apparatus,
> and PLA is using on a "lessee" basis (or something
> to that effect). Besides, Federal Law will
> pre-empt local, and if some genuine railroad
> operator files the necessary certificate of need,
> and it gets approved, Ala Co will cease being the
> caretaker and PLA will have to rip up or sell it's
> track. As I mentioned before, "never say never",
> and I do hope this doesn't happen.
One difference with WRM is that it owns the land under the railroad. After UP sold the track to WRM for scrap value where is as is, UP donated the land to WRM. A board member who was an attorney specializing in real estate made sure all the land deeds were correctly changed. Now WRM owns former Sacramento Northern property even where the track had been removed earlier.
In addition to the ROW land, WRM also owns some additional property. For example, SN owned about 4 acres of land adjoining the track at Molena. Apparently SN planned a passenger depot and a small rail yard that never was built. The freight houses at Molena and Rio Vista Junction had been sold by SN earlier so WRM had to purchase the RVJ freight house from the new owner.
The WRM rail line never has been legally abandoned. Technically it is an active short line railroad under the jurisdiction of FRA and California PUC. Monthly accident reports are submitted to FRA and annual PUC track safety inspections are made. Public grade crossing protection would be a problem if the line were abandoned. Sawbucks are installed and maintained by WRM but all other signs are installed by Solano County or Caltrans. The line is embargoed from where it begins connected to the former SP track at Canon. My understanding is that there are no time limits on an embargo so it can be in effect forever.
>
> WRM has also done this "historic district" thing
> with it's SN trackage, but this didn't take the
> R/W out of the rail banking program. I suspect if
> you dig through all the legalese and documents
> thoroughly, you'll find exactly the same is true
> for PLA's railroad: although a "historic district"
> has been declared, Ala Co is still the custodian
> of the R/W under the rail banking act apparatus,
> and PLA is using on a "lessee" basis (or something
> to that effect). Besides, Federal Law will
> pre-empt local, and if some genuine railroad
> operator files the necessary certificate of need,
> and it gets approved, Ala Co will cease being the
> caretaker and PLA will have to rip up or sell it's
> track. As I mentioned before, "never say never",
> and I do hope this doesn't happen.
One difference with WRM is that it owns the land under the railroad. After UP sold the track to WRM for scrap value where is as is, UP donated the land to WRM. A board member who was an attorney specializing in real estate made sure all the land deeds were correctly changed. Now WRM owns former Sacramento Northern property even where the track had been removed earlier.
In addition to the ROW land, WRM also owns some additional property. For example, SN owned about 4 acres of land adjoining the track at Molena. Apparently SN planned a passenger depot and a small rail yard that never was built. The freight houses at Molena and Rio Vista Junction had been sold by SN earlier so WRM had to purchase the RVJ freight house from the new owner.
The WRM rail line never has been legally abandoned. Technically it is an active short line railroad under the jurisdiction of FRA and California PUC. Monthly accident reports are submitted to FRA and annual PUC track safety inspections are made. Public grade crossing protection would be a problem if the line were abandoned. Sawbucks are installed and maintained by WRM but all other signs are installed by Solano County or Caltrans. The line is embargoed from where it begins connected to the former SP track at Canon. My understanding is that there are no time limits on an embargo so it can be in effect forever.
