I've wondered the same thing throughout this fiasco. Since a government body owns the railroad just sounds like two groups of bureaucrats (don't forget to bring in ALL the attorneys) feeding their own egos and making them selves feel important.

Had the same sort of power play going on here on the Oregon Pacific in the Sellwood neighborhood. We sold the local government METRO surplus width of our right of way with the understanding that they would pay for 115 lb welded rail and concrete crossing panels on the five crossings adjacent to the trail.

Well....who gets assigned as our overseer but a landscape architect with NO railroad experience. First thing we need, he says, is an ODOT Permit to replace the crossings...NO he is told, railroads can work within their rights of way without any kind of permit UNLESS physical changes are made like adding tracks; etc. BUT...METRO will have to apply for (and railroad approve) of the trail crossing a street parallel to the railroad track. Strike one.

Well...that didn't work out so well. Try "Plan B" .... seems the City of Portland has a permitting process for placing material in the public right of way. Our overseer promptly applies for the Permit along with a $380 fee. That's not gonna happen either since once a railroad applies for a permit where one isn't required, a dangerous precedent is set. The railroad has occupied the "public right of way" now for 104 years...why would we need a permit NOW? Strike two.

A section of the Oregon Revised Statutes gives railroads the exclusive authority to "appropriate all or portions of public lands, alleys, street rights of way as necessary for railroad purposes"
by first notifying the city of its intent and should the city not agree the railroad may take possession of the land without regard to city's position. SO APPROPRIATED!!!

Strike 3 they're out!

Needless to say, Shortline Sammie stands his ground and is not too popular with the Bureaucrats!

Dick Samuels
www.oregonpacificrr.com