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Re: SMART gets sued web digger help
Author: WebDigger
Date: 03-21-2021 - 00:02
On 03-20-2021 - 22:00, Dr Zarkoff Wrote: [www.altamontpress.com]
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> Web digger where are you? About a year and a half ago the issue of railroad easements reverting back to the original deed of trust owners was settled in a state Supreme Court case.They ruled in favor of the landowners. I don't remember the details.
[-- Author: ron, Date: 03-20-2021 - 19:16, [www.altamontpress.com] ]
What I heard, about 20 years ago, revolved around R/W reversionary clauses. If the clause read "original owner", and that individual was deceased, there was no person for the title to revert to, so it didn't. If the clause read "original owner, successors, and assigns", then the R/W reverted, and it was to counter this situation that the right of way banking act was passed (a.k.a. "rails to trails"). The right of way was not abandoned rather the owning RR executed a quitclaim deed on favor of the STB, which was empowered to grant custodianship to some organization (government or private) that would maintain the status of the property as a R/W, with or without a trail. Title to the R/W in question remains with the STB, not the custodian.
Here's my search: [railroad easements reverting back to the original deed of trust owners california] [www.google.com]. The result was messier than I want to deal with. Here's one site with a summation of the problem -- Rails-to-Trails Takings: Property Owners’ Rights When Land Use Changes [www.ownerscounsel.com]
Remember much/most/all of this stuff involves (or is created by) people who (probably) spent a ton of money and (hopefully) a lot of time learning how to use a very imprecise tool (language) to build very precise walls of words that should be expected to be exposed to attacks by others who also acquired the same sort of skills and go looking for flaws in those walls.
There are names for groups or collections of things/people/etc. -- Herd of cows, team, etc. My name for a group of experts is a disagreement, because any time you have more than one expert you're quite likely to have a disagreement.
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> Web digger where are you? About a year and a half ago the issue of railroad easements reverting back to the original deed of trust owners was settled in a state Supreme Court case.They ruled in favor of the landowners. I don't remember the details.
[-- Author: ron, Date: 03-20-2021 - 19:16, [www.altamontpress.com] ]
What I heard, about 20 years ago, revolved around R/W reversionary clauses. If the clause read "original owner", and that individual was deceased, there was no person for the title to revert to, so it didn't. If the clause read "original owner, successors, and assigns", then the R/W reverted, and it was to counter this situation that the right of way banking act was passed (a.k.a. "rails to trails"). The right of way was not abandoned rather the owning RR executed a quitclaim deed on favor of the STB, which was empowered to grant custodianship to some organization (government or private) that would maintain the status of the property as a R/W, with or without a trail. Title to the R/W in question remains with the STB, not the custodian.
Here's my search: [railroad easements reverting back to the original deed of trust owners california] [www.google.com]. The result was messier than I want to deal with. Here's one site with a summation of the problem -- Rails-to-Trails Takings: Property Owners’ Rights When Land Use Changes [www.ownerscounsel.com]
Remember much/most/all of this stuff involves (or is created by) people who (probably) spent a ton of money and (hopefully) a lot of time learning how to use a very imprecise tool (language) to build very precise walls of words that should be expected to be exposed to attacks by others who also acquired the same sort of skills and go looking for flaws in those walls.
There are names for groups or collections of things/people/etc. -- Herd of cows, team, etc. My name for a group of experts is a disagreement, because any time you have more than one expert you're quite likely to have a disagreement.
