In response to a request for a copy of a portion of a map regarding the location of an un-monumented stretch of the BNSF Railway in Northern Arizona, I received this response from Bartlett and West:
"Unfortunately we are not able to provide that map to you. BNSF Corporate Real Estate has given us clear direction that we are not to release any title documents to 3rd parties, unless related to a BNSF project. I am sorry that we could not be of more help. The only maps that we are allowed to release are copies (pdf or hard copy) of the current Corporate Maps. Let me know if you are interested in purchasing any current Corporate maps. Thanks."
The "Corporate Maps" are devoid of right-of-way information...
Cute. Gotta love lawyers.
Now what?
They would rather have folks guessing as to where their right of way is? I have yet to run into such a situation as you have here. Out of curiosity, and in case I do in the future, what is your "plan B" from that point? (If you don't mind me asking of course.)
Idiots! The world is full of idiots!
Someone wants to be sure of where their rights end and those of the railroad begin. Their very need is to be sure they do no harm to the railroad. Since the railroad appears to be the ultimate source of this information, what is anyone to do? I say, lay claim to everything they desire, then dare the railroad to prove they are doing something wrong. The letter you received will surely impress the judge someday when the railroad accuses the adjoiner of willful wrongdoing.
I would suggest making a huge excavation and start hauling away "fill dirt". That should be noticed rather quickly by railroad personnel who would surely report it "up the ladder" until somebody with the railroad got excited.
Reply:
We are building a munitions plant, and room is limited. We want to stay out of your R/W, but since you refuse to release any of the plans, and drawings, we will assume that the R/W is 25' wide, from C/L of the RR.
Or, you could have your people come and mark out what is your R/W. We won't object.
Best Regards,
Top Notch Surveying.
> ... we will assume that the R/W is 25' wide, from C/L of the RR....
Why so generous? 5' each side of the center of tracks ought to be enough.
Does the County keep any of those records? I know some cities and counties have copies of the maps although not considered "official". I know our APN maps have a State Board of Equalization number shown (sometimes). It can be helpful.
This type of response from an agency such as the RR completely floors me. Jackwagons.
No, although they are just beginning to set up an "unrecorded maps" tab for just this sort of thing. It will help our successor's.
In this particular instance the RR response may be related to what I am told will be "a huge issue in the very near future between the government and railroads." I surmise that a certain new railroad owner feels that the U.S. Supreme Court decision in Great Northern v. USA is overturnable.
Although I was distressed by their refusal at first, after some consideration I think it might be a good thing for me. If they refuse to provide information that they acknowledge they have regarding its location, it would seem they are estopped from making any claim in the future regarding its location, or where I might establish it to be....
Do a boundary survey showing the ownership line going to the centerline of the tracks, and send it to the railroad company asking them to remove the tracks from the boundary line so you can begin construction.
They'll come up with the "proof" that they own the property quite quickly I suspect.;-)
Which Great Northern v. United States?
Is the decision to which you refer Great Northern Ry. Co. v. United States, 315 U.S. 262 (1942)?
The Topeka Capital-Journal reports the Bartlett & West office in Topeka is running a double-shift GIS-data-entry project for BNSF, complete with 100 temporary employees.
GB
Which Great Northern v. United States?
Yes - 1942 (Didn't realize there were so many).
Interesting info - there is definitely something underway.
Its not proof of ownership I'm after, the Supreme Court decided that 61 years ago. It's the location I need. I can't grasp why that would be a secret...