The UP doesn't retain any rights to the former SP line through the canyon and over Altamont. When the line was abandoned the county became the owner. The local landowners tried to take back the land citing a clause in the original 1869(?) agreement where they would get their land back if the railroad was gone. That is one of the reasons the county originally gave us a lease on the ROW. By us having a railroad on the land it keeps the original contract in force and preserves the ROW for the county. This was not done in Pleasanton and houses were built on part of the ROW.

The NCRY is considered an emergency by-pass route for the ACE train. If something happened to tunnel 1 or other portions of the UP ROW they would cut in switches at Niles and Hearst to allow the reroute while the UP line was repaired.