Legal Protection of Abandoned Railroad Tracks: Federal Offense or State Jurisdiction?

Understanding the Misconception

In the United States, the term 'abandonment' of railroad tracks is often a source of confusion. It is crucial to clarify that when a railroad abandons a track, it does not mean that the railroad has abandoned the land and the tracks permanently. Instead, it means that the railroad is no longer using the track due to various reasons, such as declining profitability, maintenance costs, or shifts in business strategy. However, the railroad retains ownership of the land, the tracks, and any other assets left on the property.

How Often Is a Track in Use?

The condition of railroad tracks can indicate how frequently they are used. Here's a breakdown:

Black tracks: These are usually newly laid tracks that have seen very little or no use. Shiny tracks: These tracks indicate extensive use, suggesting a high frequency of train operations. Slightly rusted tracks: These indicate regular, albeit not frequent, use of the tracks.

Even tracks that are overgrown with weeds or appear to be unused could still be operational if needed to serve a customer or maintain essential infrastructure.

Federal Offense vs. State Jurisdiction

The crucial point to understand is that while the term 'abandonment' suggests that the railroad has stopped operations, this does not negate their legal ownership of the tracks and the land. Therefore, cutting up and stealing rails remains a federal offense, not a state one. The federal government's authority over interstate commerce and transportation ensures that such actions are prosecuted under federal law, specifically under Title 49 of the United States Code.

Legal Considerations of Abandoned Tracks

Even if a railroad has abandoned a track, it still retains the right to maintain and protect its property until such time as it chooses to sell the land or officially terminate its interest. This includes:

Tax Liability: The railroad may still be required to pay property taxes on the abandoned tracks and adjacent land. Maintenance: The railroad is responsible for maintaining the tracks, ensuring public safety, and preventing environmental hazards. Ownership of Assets: The railroad retains ownership of any assets on the property, including the tracks and other infrastructure.

As a result, it is illegal for anyone to remove or dismantle the tracks without either obtaining permission from the railroad or paying compensation. Any unauthorized removal of tracks is considered theft and can result in criminal charges.

The Process of Abandonment

According to 49 CFR Chapter II - Federal Railroad Administration, Department of Transportation, abandoned tracks must be removed within a few years. This is due to the fluctuating prices of metal scrap and the railroad's intention to recover market value from the sale of its scrap metal.

However, the process of officially declaring a track abandoned and dismantling it requires formal notification and adherence to federal regulations. This ensures that the railroad's right to the property is legally respected and that the land can be reclaimed in a manner that upholds public safety and environmental standards.

Conclusion

In the US, if a railroad abandons a track, it is still a federal offense to cut up and steal rails. This is because the railroad retains ownership of the tracks and the land, and any unauthorized removal of tracks is considered theft. Understanding the legal distinctions between 'abandonment' and 'ownership' is crucial for preventing criminal activity and ensuring the legal protection of railroad tracks.