Public road and utility projects often require crossing existing railroad lines. To acquire the necessary right of way from a railroad, government agencies must address the following issues:
1. The nature of the railroad’s title. Is it charter right of way? Is it a fee interest or an easement interest?
2. The right to acquire the necessary right of way pursuant to eminent domain.
3. The compensation for the necessary right of way.
4. The railroad’s request for annual fees, insurance requirements, etc.
5. Consideration of safety issues and interference with railroad operations.
6. Railroad’s assertion of federal preemption as to a state eminent domain action.
SAVE MONEY: Use the prepaid CLE credits that come with your TBA Complete Membership. Not a TBA member? Join now to start saving.
This program will be filed for Tennessee CLE credit. Please email a request to cle@tnbar.org for Georgia and Mississippi CLE credit.
Never knew how often railroads would come up until I began municipal law!