Re: How Close to the Tracks is Too Close?
Author: Ed Immel
Date: 01-27-2019 - 12:56
When I was state rail planner at the Oregon DOT the Rail Division got copies of all planning applications that involved railroads. Usually they were for grade crossing locations. However, a number them were where the railroad was adjacent to railroad tracks. Our boiler plate called attention to the railroad with the associated noise and vibrations. I tried to attach a newspaper article where adjacent property owners were up against the interchange tracks of the Port of Tillamook Bay Railroad in Banks, Oregon. I also recommend that any deeds for construction point out the railroad activity.
Apparently, the developer told owners that the train hardly operated and then only in the middle of the day. In reality, the POTB's activities in Banks were normally at night. The property owners sued the developer and won a $1.5 million judgement.
I do not know if this review is still taking place since I retired from ODOT 13 years ago and some reorganization has taken place since then.