Understanding Railroad Right of Way Regulations and Their Variations

The term right of way for railroad purposes varies depending on the country and the specific nature of the railroad. In the United States, while 100 feet might be more commonly cited, it is not a standardized measurement. This article aims to provide a comprehensive understanding of the legal and practical aspects of railroad right of way, including its definition, typical features, and common usage variations.

Legal Definition and Practical Considerations

A right of way for a railroad generally refers to the land or airspace over which the railroad can operate its tracks, trains, and other infrastructure. In the context of a private right of way, legally, the boundary of the railroad’s influence is typically from the boundary fence on one side to the boundary fence on the other side, on plain track. Any structures such as stations and ancillary buildings are considered part of the railway property.

Private Right of Way

In areas where a railway runs alongside private property, the land between the boundary fences usually comes under the ownership and control of the railway company. This is especially true where the railway is granted a specific right by a parliamentary act. For instance, if the railway is described as a “private right of way,” the exact extent of the railway’s influence is clearly delineated by the boundaries of the fences. Within the fences, the railway company has exclusive rights and responsibilities, including the ability to conduct necessary maintenance and operations.

Public Highway and Railway Interactions

When a public road intersects a railway line, the public road generally stops just short of the railway boundary. The railway company retains control of the land immediately adjacent to the tracks, including any bridges that may be part of the railway infrastructure. This is particularly important in the context of level crossings, where the public is only allowed to cross the line for the purpose of traveling on the public road. Any other form of activity or loitering on this portion of the railway property is considered trespassing and could result in legal action or fines.

Historical Significance and Land Use

The original railroad right of ways in the United States were often quarter sections, equivalent to 40 acres. This was in line with the Homestead Act, which encouraged settlers to claim and develop land. Railroads frequently used the land themselves for operations or to encourage development, thereby increasing passenger and freight traffic. In areas where the land had already been developed, the railroads had to either negotiate for or seek condemnation of the necessary land, which increased their costs.

In some instances, particularly in urban areas, railroads laid tracks directly through town streets. These right of ways, while less common today, still exist in certain regions. This historical approach to rail development reflects the complexity of land use and the balance between private and public interests in railway construction.

Conclusion

The right of way for a railroad is a complex and multifaceted issue that involves understanding the legal boundaries, the practical implications for land use, and the historical context of railroad development. Whether on a private right of way or through public-private partnerships, the principles of ownership and control are crucial to ensuring safe and efficient railway operations. Understanding these aspects is essential for both legal and practical considerations in the field of railway management and urban planning.