I have a deed from railroad company to Georgia Department of Transportation. It is for a railroad about 200,000 feet long. The railroad bed hasn't been used since 2009. Then there's this statement. " RESERVING unto Grantor, it's affiliates. subsidaries. parent corporation, successors, assigns, licenses and lessees, an unconditional and permanent easement to conduct common carrier operations across the above-described property."
What is common carrier operations?
Nothing in the deed says the state has to maintain the tracks. I'm just working on an easement for a transmission line crossing.
And how about that successors and assigns? How would you like for an attorney to ask you sign a survey with all that? I am suprised they didn't include their third cousin charlie in that statement.lol
They still have the right to use (an or maintain) their appurtenances for transporting freight "for hire" under the DOT's (fed) tariffs within the "reserved" permanent easement. Basically it appears as though they gave the mowing to the state, but can still operate a rail system, if they so wish. My main question (from a utility standpoint) would be if the utility crossing the "easement" would still be required to apply for a permit from the rail company, or from the state.
BTW, The railroad attorneys can get third cousin Charlie added on there if you give them a call....
People have been hiding money and stirring the pot to siphon chunks off since the beginning of history. Railroads are no exception. It makes sense they write deeds that make it easier...
Depending on the state, telecommunication facilities and some utility pipelines are classified as common carriers. By reserving the common carrier operation rights for itself and it's assigns and lessees it looks like the railroad can continue to sell utility easement rights along the corridor, even if they no longer own the underlying fee.
But I'm no lawyer (I have empirical evidence of this because people like me).
Sez who?:-$
Thanks
