Re: Fillmore news release bob2
Author: FUD
Date: 06-12-2022 - 08:50

I'm thinking shenanigans with the last-minute distribution of fud regarding Fort Bragg in Ventura. Is the prior operator trying to regain control? Is a local version of Brian trying to kill the whole line in favor of a trail (be careful what you ask for - old railroad lines are attractive for a certain group of lawyers contesting non-rail uses of old rail r/w)?

And finally: Ventura County owns the line, not the contracted rail operator. That's a totally different case from Fort Bragg where the railroad is an actual railroad owning its own r/w. The rail operator has no rights beyond what's written or implicit in the contract; in particular, they gain no property rights over the line and its ancillary property unless it's clearly spelled out in the operating contract.

I don't think Sierra Northern's going to try to use eminent domain to take the railroad away from the County. That would be an interesting (and likely long-running) case if they did.

As far as Fort Bragg is concerned, they kind of messed up on their own with the help of state laws. In the olde dayze, the city could have taken over the mill property themselves via eminent domain as an urban renewal project. No longer possible because urban renewal has been abolished by the state. They could still use eminent domain to take the land (or part of it), even from Sierra Northern, for a public purpose like a park or a sewage treatment plant. Of course, the city would need to show a court the money to do that, which they probably don't have. Question is: has Sierra Northern completed the eminent domain transaction, which requires showing a court the money to pay "fair market value" for the property?



Subject Written By Date/Time (PST)
  Fillmore news release bob2 El Gringo 06-11-2022 - 17:21
  Re: Fillmore news release bob2 Alf Doten 06-11-2022 - 20:00
  Re: Fillmore news release bob2 yes 06-11-2022 - 20:27
  Re: Fillmore news release bob2 FUD 06-12-2022 - 08:50
  Re: Fillmore news release bob2 Mike 06-12-2022 - 14:11
  Re: Fillmore news release bob2 El Gringo 06-12-2022 - 14:36


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