Quote:
Originally Posted by jetskier
I think that you have hit on some of the issues:
- The original taking of the property was explicitly for railroad use and it was done at a point in time where the B&M railroad did not have the money to replace washed out track on the segment north of Meredith.
- Consideration to repurpose a rail line typically requires a formal abandonment (as pointed out) wherein the rail line has not been used for a period of time. The current rail line is actively used and there are federally issued licenses with rights of renewal.
Jetskier  |
Not all railroad ROW's are easements, some cases the railroad's owned the land out right. I can't say for certain that this line was owned outright or not but I do know the majority of the lines the B&M operated were in fact owned outright by them and not easements. Either way the federal government instituted the National Trails System Act in 1983 that allows all ROW's abandoned by the railroad to be railbanked, which keeps easements from reverting back to the original landowners. However I am 99% certain the original landowners must be compensated again, since its intended purpose has changed. A tedious process to say the least, especially if the original land has been subdivided. That could cost the state a pretty penny if the line in question is only an easement.