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Re: Xonstruction in the canyon
Author: Dr Zarkoff
Date: 07-06-2015 - 14:59
>So it's not Rails-To-Trails specifically,
??
>A "quitclaim" by the railroad to Alameda County just means that SP (and by succession UP) itself is out of the picture in terms of being able to reassert ownership - doesn't do anything about deeper owners.
A "quitclaim" by a property owner is the legalese way of saying "I'm out of here and all done with the place". I got one of these for my house when I acquired it.
While it was using the line, the SP actually owned the land. Upon abandoning it, the SP transferred ownership of the R/W to the rails to trails thing, and this quitclaim is the legalese machinery for doing so.
The R/W for all rails to trails things are under the control of the US Department of the Interior (that act of Congress), who can assign them to custodians. In PLA's case, that is Alameda County; with WRM, it's WRM itself. What happens with respect to the land ownership if it again becomes a RR is another question, which I'm not familiar with (and probably hasn't been sorted out by the courts yet).
>For practical purposes, though, the county has full control.
Yes, that is correct.
ISTR that OET actually bought their right of way because that RR had been abandoned eons before the rails to trails processes came into being.
??
>A "quitclaim" by the railroad to Alameda County just means that SP (and by succession UP) itself is out of the picture in terms of being able to reassert ownership - doesn't do anything about deeper owners.
A "quitclaim" by a property owner is the legalese way of saying "I'm out of here and all done with the place". I got one of these for my house when I acquired it.
While it was using the line, the SP actually owned the land. Upon abandoning it, the SP transferred ownership of the R/W to the rails to trails thing, and this quitclaim is the legalese machinery for doing so.
The R/W for all rails to trails things are under the control of the US Department of the Interior (that act of Congress), who can assign them to custodians. In PLA's case, that is Alameda County; with WRM, it's WRM itself. What happens with respect to the land ownership if it again becomes a RR is another question, which I'm not familiar with (and probably hasn't been sorted out by the courts yet).
>For practical purposes, though, the county has full control.
Yes, that is correct.
ISTR that OET actually bought their right of way because that RR had been abandoned eons before the rails to trails processes came into being.
