Ownership documents

Maybe it's just ME...but I would want to know more (a lot more) about the Railroad in question.

Just because a Railroad has been "removed" (tracks taken up), doesn't necessarily mean that the underlying entitlement (rights and/or ownership) has been extinguished.

Loyal?ÿ

Posted by: Loyal

Maybe it's just ME...but I would want to know more (a lot more) about the Railroad in question.

Just because a Railroad has been "removed" (tracks taken up), doesn't necessarily mean that the underlying entitlement (rights and/or ownership) has been extinguished.

Loyal?ÿ

good point. Out West there are many "abandoned" lines that later get reused in "rails to trails" projects. Some long time adjoiners were surprised when their back line became public access.

as far as what document to use I don't know how Iowa law works

I agree with Loyal.?ÿ

Abandonment of a railroad right of way requires some specific steps, at least here in MA.?ÿ I had one client that bought an old railroad bed "Lot" and proceeded to build an office building on the lot. (This was years before he became my client, it's an old story)?ÿ?ÿ The railroad had been removed decades previously and he never thought about it until he got summonsed to the Dept of Transportation for a hearing.?ÿ He was informed that he needed a permit to build in the right of from the Dept.?ÿ The Board Chair asked the attorney representing the mutual client, "Are you prepared to 'raze' the building if we require it?"?ÿ?ÿ He responded with, "How high do you want it?"?ÿ?ÿ?ÿ?ÿ Everything went ok after that.

Can you have adverse possession against the railroad?

"Can you have adverse possession against the railroad?"

?ÿ

It would depend on the form of the original grant. In the early days it was fee title, and and changed over the years to the point that it was only an easement.

Dan,?ÿ

Here in the other Washington preparing an affidavit of agreement as to where a boundary is would be something that an attorney would provide. The surveyor can supply the mapping and descriptions. I would hesitate to give an example or advice without and esq. behind my name.?ÿ

That said, have you located all culverts, remaining signal foundations, former crossings and other evidence that may indicate location? Again, the railroad maps that I've used have these types of information on them which may confirm your "boundary".?ÿ?ÿ

"An easement may be extinguished by adverse possession. 1 To claim adverse possession of an easement, the servient owner must prove exclusive, 2 continuous, 3 and open and notorious use of the easement area 4 adverse to the easement holder's right to use the easement, 5 for a specified period 6 by clear and convincing evidence, 7 and the burden on the servient estate owner to prove unreasonable interference with an unused easement is high. 8" -25 Am. Jur. 2d Easements and Licenses ?? 89. Adverse possession

I wouldn't confuse rights with location.?ÿ Suppose there is a paper street, boundary is the centerline.?ÿ The location of the centerline is lost.?ÿ Client and neighbor have been using an established location of the centerline and boundary, say a ditch, for decades.?ÿ This may or may not affect the location of the rights of the public in the street while at the same time the private boundary is fixed at the ditch.

If the railroad was a fee strip then it would be necessary to determine if it has been conveyed to the adjoiners or someone else.

This may be helpful

https://www.iowadot.gov/iowarail/railroads/regulatory/rail_abandonment_brochure.pdf

Edit: this is the one I really intended to find:

https://iowadot.gov/rightofway/rowdesign/Appendix%20C%20-%20Abandoned%20RR%20ROW.pdf

There is a nearby town that began as a RR hub where on both sides of the station spurs headed out in all directions to sawmills, gins and other industries in operation at that time.

All the spurs were deeded to these different industries by metes and bounds and title of the land transferred to the industries.

When the industries dried up and tracks were pulled the land was cultivated and most every trace of the spurs were erased.

The title of the land is still in some company's name going untaxed and forgotten and the title company turns a blind eye to their existence.

Another old line that crosses 2 counties is described in metes and bounds that title is held by one person is also treated much the same.

I have found centerline information and references to whom the title was conveyed from RR maps showing the spur locations and other details along their main track and for who they were created.

The adjacent owner was not going to agree to the line I proposed. I am not sure how to proceed. There is not evidence of this removed RR line.?ÿ

Another RR map surfaced with more curve data. I am trying to figure out the radius of the RR curve. What does the 'PRESENT P.C. 3 degree 12' C' mean? I have the Delta angle and P.T. is that enough information?

Looks like the original curve was a 3?ø railroad curve. The new curve is a 3?ø12' railroad curve. Also doesn't appear to a spiral, only a simple curve.

The Radius can be computed with this formula: R= 50/Sin ?« D where D is the Degree of the curve.?ÿ In this case the Radius = 1790.73'.

This formula is for railroad curves only and not for a highway curve.

?ÿ

• Looks like a valuation map which is an azbuilt map. The original curve is probably a 3 degree curve like Charles mentioned. I have a stretch of RR with at least two different val maps that are completely different and deeds written decades after the tracks were in use. Charlie Tucker might be able to help?ÿ

Thanks Mighty Mo. I would love to learn more about these old maps and how to read them. Do you recommend any good books or web sites??ÿ

I would challenge your statement that there is no evidence of the removed rail road line. You have a Valuation Map, and also an aerial photograph.?ÿ The Val Map shows a river and a public road that provide some physical evidence of location. You can have the railroad location mapped by a photogrammetry company using the old aerials, if you can find some photo-identifiable points on the ground to use as control. I really don't see any need for the abutter's agreement to the line. You already have a good start on fixing the rail road location. It will just cost more money to follow through than what you might have originally estimated for the survey.

Also, you should pull the deeds that are referenced on the Val Map (if any). They might reference more evidence of location you can search for.

Edit:

Google Earth has a decent aerial for those who are curious. N42 04 15 W094 53 08 at some zoom is close to center of his map photo.

How about checking some old atlases for further evidence?

http://digital.lib.uiowa.edu/cdm/ref/collection/hixson/id/237

I wasn't sure if I could digitize an old railroad. I have a 1930's web map server referenced into my drawing. I shot some old bridges, abutments, and a culvert I believe are from that time period. Is there a court case of other document stating the use of an aerial image is allowed? If that is the case it would very easy to re-create the old rail line.?ÿ

You don't need a court case. The best evidence you can find is the evidence to use. Sometimes the best evidence is somewhat weak, but it's better than nothing. Our job is not so rigidly defined that we cannot be creative in figuring out these boundaries. An open mind is your best tool of the trade.

The science of aerial mapping is well established, with a long history of repeatable accuracy. Digitizing a line from a single photo is significantly less accurate than having the line mapped from a stereo pair of photos with proper ground control. It's a question of how much error can you tolerate in your boundary determination vs. how much money can the client afford to spend?