Local Government Practice

Local Government Forum 2022: Railroad Crossing Issues in Road and Utility Projects


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.

Never knew how often railroads would come up until I began municipal law!


Course Pricing
  • Member: 50.00
  • Non-Member: 80.00
  • Section: 40.00
If you are not a TBA Member, you can join now to receive CLE discount prices and three prepaid credits.

TBA members who are judges, lawmakers and law students can take TBA CLE onsite courses at no charge for the programming. There may be a separate charge if meals, special materials or other premium features are involved.
Course InformationCourse Credits Dual Credits: 0.00
General Credits: 1.00
Total Credits: 1

This program will be filed for Tennessee CLE credit. Please email a request to cle@tnbar.org for Georgia and Mississippi CLE credit.