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IA Fiber Optic Cable Litigation?
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rodrod5
Posted 2/3/2013 13:59 (#2871750 - in reply to #2871685)
Subject: Re: IA Fiber Optic Cable Litigation?



Lubbock, Texas
pointrow - 2/3/2013 00:36

But the RR owns the land and maintains it. Not like a high line where the just have an easment and you still get to farm the land.
This RR next to me was there before the land was plotted and sold.


I believe that a lot of RR rights of way are still just a right of way in the long run.....many have provisions that if the tracks are torn up it either goes back to join the land it was originally with or the owner of the land it was originally a part of gets first dibs on buying it back sometimes at a very low price and they also have specific clauses that it is to be used as a RR only even if the RR owns it at that time

the further west you go where land was not settled and land was actually given to RRs to get them to come out that way the less common this would be, but the further east you go where land was already owned and settled and the RR had to take a right of way (even if they took it in ownership) the more common it is that the right of way document states that it is for RR use only and RR use does not include pipelines, communications lines (other than those used for signaling for the RR specifically), electrical lines, and the like and the more common it is that it is much more like a right of way even if the RR actually owns it as long as there are active tracks or tracks laid on the ground, but even with their "ownership" they are limited to what they can do
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