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Dave9110
Posted 1/24/2013 10:59 (#2846244 - in reply to #2846223)
Subject: Re: Rails to Trails Lawsuit



north-central Indiana west of Fulton
firefighter9208 - 1/24/2013 10:46

Crazytrain - 1/23/2013 20:09

Glad you were able to purchase the right of way a lot of them become bike trails.


They tried that here in Blount County, Alabama and the landowners fought and won. The railroad tried deeding the right of way to an organization called "Rails to Trails". I have attached a copy of the ruling from the Alabama Supreme Court in the Case of Chatham v. Blount County January 5, 2001.

Abandoned Railways should revert back to the property owner, they should not have to be purchased back from the railroad by the landowners!!!!

The courts ruled on the side of the landowners!!!

http://caselaw.findlaw.com/al-supreme-court/1473645.html

Chris
Chris,this situation was one where the RR had actually purchased the land and had a deed. It took my dad along time and a little luck to get it bought. They soon shut down any sales because of some lawsuits and nothing has moved since.
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