Re: Xonstruction in the canyon
Author: mook
Date: 07-06-2015 - 10:02

That quote you provided is boilerplate language inserted, in some form, in most if not all ICC and STB abandonment decisions. Precise language varied over the years depending on requirements of then-current trails legislation and court decisions. It preserves the Feds' rights if federal land was originally used for all or part of the r/w. It doesn't mean there *is* federal land in the r/w absent other information about how SP got and held title, which could be different for various parts of the line. I suspect they started doing that because the Feds did indeed lose rights to put trails on some rail lines that were abandoned before that clause became standard - the land reverted to surrounding owners even though they got their land from the feds after the rail line went in. There were a couple of significant court cases about that, most recently only a few years ago. As with most legal things, it comes down to details.

Most of the central Bay Area was held in ranchos long before statehood, which were recognized as private (not federal) landholdings when California became part of the U.S. I suspect that there is in fact little if any formerly federal land in the r/w, and that Alameda Co. is legitimately SP's successor in most if not all of it. A serious title search would be needed to be sure, which the county probably (hopefully) did before taking over, but it makes sense given the history of land ownership there.

And in any case, NCRy appears from everything seen in this thread to be simply the county's tenant, and as such can be evicted if something better comes along.



Subject Written By Date/Time (PST)
  I think the writing is on the wall for Niles Canyon Group Mr. Crazy 07-01-2015 - 08:06
  Re: I think the writing is on the wall for Niles Canyon Group wsabo 07-01-2015 - 09:16
  Train hater? BOB2 07-01-2015 - 10:00
  Re: I think the writing is on the wall for Niles Canyon Group Central Scruitinizer 07-01-2015 - 12:37
  Re: I think the writing is on the wall for Niles Canyon Group flyonthewall 07-01-2015 - 17:31
  Re: I think the writing is on the wall for Niles Canyon Group You Snooze You Cruze 07-01-2015 - 17:40
  Re: I think the writing is on the wall for Niles Canyon Group Randy Hearst 07-01-2015 - 17:49
  Re: I think the writing is on the wall for Niles Canyon Group Bill Hough 07-01-2015 - 20:20
  Re: I think the writing is on the wall for Niles Canyon Group Negin 07-01-2015 - 20:44
  Re: I think the writing is on the wall for many collections? BOB2 07-02-2015 - 09:36
  Re: I think the writing is on the wall for many collections? wsabo 07-02-2015 - 11:05
  Re: I think the writing is on the wall for many collections? Shortline Sammie 07-02-2015 - 12:05
  Re: I think the writing is on the wall for many collections? Dr Zarkoff 07-02-2015 - 11:52
  Then who actually owns and conttrols the use of the Niles Canyon RoW? Margaret (SP fan) 07-02-2015 - 13:54
  Re: Then who actually owns and conttrols the use of the Niles Canyon RoW? BOB2 07-02-2015 - 14:43
  Re: Then who actually owns and conttrols the use of the Niles Canyon RoW? Dr Zarkoff 07-02-2015 - 14:55
  Re: Then who actually owns and conttrols the use of the Niles Canyon RoW? Negin 07-02-2015 - 16:38
  Re: Then who actually owns and conttrols the use of the Niles Canyon RoW? Dr Zarkoff 07-02-2015 - 14:50
  Re: The scoping of this seems somewhat flawed? BOB2 07-02-2015 - 17:01
  Re: I think the writing is on the wall for many collections? Transportation Planner 07-02-2015 - 21:41
  Re: I think the writing is on the wall for many collections? Tony Johnson 07-02-2015 - 21:27
  Funding vs. needs for transit PRR Gotham Limited 07-01-2015 - 18:08
  Re: Funding vs. needs for transit Cprr 07-02-2015 - 19:41
  Re: Funding vs. needs for transit OPRRMS 07-02-2015 - 21:07
  Re: I think the writing is on the wall for Niles Canyon Group Chas 07-02-2015 - 20:31
  Re: I think the writing is on the wall for Niles Canyon Group Dr Zarkoff 07-02-2015 - 23:00
  Re: I think the writing is on the wall for Niles Canyon Group rusticmike 07-03-2015 - 06:54
  Re: Mixed use-no way.....it will never happen. BOB2 07-03-2015 - 07:49
  Re: NILES to HEARST via NCRy ... KRK 07-03-2015 - 08:11
  Re: Yes, Niles to Hearst- BOB2 07-03-2015 - 08:41
  Re: Mixed use-no way.....it will never happen. Negin 07-03-2015 - 10:01
  Re: Mixed use-no way.....it will never happen. Ee 07-03-2015 - 11:30
  Re: Mixed use-no way.....it will never happen. Negin 07-03-2015 - 12:32
  Re: Mixed use-no way.....it will never happen. Ee 07-03-2015 - 13:02
  Re: UP and ACE inspection train? Mr. Crazy 07-03-2015 - 15:04
  Re: UP and ACE inspection train? mook 07-03-2015 - 15:55
  Re: UP and ACE inspection train? Dr Zarkoff 07-03-2015 - 20:20
  Re: UP and ACE inspection train? Negin 07-03-2015 - 16:56
  Re: Mixed use-no way.....it will never happen. E 07-03-2015 - 17:33
  Xonstruction in the canyon Espee99 07-05-2015 - 07:51
  Re: Xonstruction in the canyon Mr. Crazy 07-05-2015 - 13:35
  Re: Xonstruction in the canyon Espee99 07-05-2015 - 15:16
  Re: Xonstruction in the canyon Dr Zarkoff 07-05-2015 - 18:56
  Re: Xonstruction in the canyon fkrock 07-06-2015 - 08:05
  Re: Xonstruction in the canyon Dr Zarkoff 07-06-2015 - 10:56
  Re: Xonstruction in the canyon fkrock 07-06-2015 - 14:54
  Re: Xonstruction in the canyon Dr Zarkoff 07-06-2015 - 15:35
  Re: Xonstruction in the canyon Cainrockyardmaster 07-09-2015 - 18:09
  Re: Xonstruction in the canyon Dr Zarkoff 07-09-2015 - 20:26
  Re: Xonstruction in the canyon mook 07-06-2015 - 13:47
  Re: Xonstruction in the canyon Dr Zarkoff 07-06-2015 - 14:34
  Re: Xonstruction in the canyon mook 07-06-2015 - 10:02
  Re: Xonstruction in the canyon Dr Zarkoff 07-06-2015 - 11:29
  Re: Xonstruction in the canyon mook 07-06-2015 - 13:35
  Re: Xonstruction in the canyon Dr Zarkoff 07-06-2015 - 14:59


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