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Court rules an abandoned rail line isn't really abandoned until the feds say it is - even if the railroad removed all the rails
By adamg on Thu, 08/04/2016 - 11:58am
The Supreme Judicial Court ruled today that two Newton homeowners can't reclaim land once used for a rail line behind their houses because the federal government never formally declared the line "abandoned," even though it hasn't seen a train since 1972 - in part because the railroad tore out the rails in 1976.
The two had sought to "quiet" their deeds by lifting the easements on the former rail bed. The ruling means the state Department of Conservation and Recreation, to which Penn Central deeded the line, can continue plans for a bicycle and walking path on the old Newton Lower Falls route, which had first opened for rail service in 1847.
The state's highest court said federal law gives a federal agency - currently the Surface Transportation Board - the sole power to declare a rail line "abandoned" and that while Penn Central clearly sought to abandon the line as it went through pre-Conrail throes of bankruptcy, there is no evidence the board ever actually acted on a request to declare the line abandoned.
The 1973 law that created Conrail did briefly give railroads a second option to formally abandon a line, by petitioning the United States Railway Association - set up by the government to figure out how to create Conrail - but there's no evidence Penn Central ever formally petitioned the association, either, although it didn't include the line on a list of rail facilities to be transferred to Conrail.
Because of this, the court ruled:
[T]he judge correctly determined that the question of abandonment of the branch line remains in the exclusive jurisdiction of the Federal government, and that the Land Court does not have subject matter jurisdiction over the plaintiffs' action to quiet title.
Neighborhoods:
| Attachment | Size |
|---|---|
 Complete ruling, Elaine K. Murray and another vs. Department of Conservation and Recreation | 92.38 KB |
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Comments
Probably for the best. Even
Probably for the best. Even one or two people removing their easements or reprivatizing the land makes the entire ROW useless for any possible future expansion or, in this case, a commuter/bike/walk path. Kind of sucks for them, but people taking over ROW is how we've ended up with a lack of ability to expand transit.
Since it's my understanding
Since it's my understanding that access to a commuter/bike/walk path generally increases the value of the home, it doesn't really suck for them - or at least it wouldn't if the path were in fact built.
Land
I would think the value of the added SF would outweigh the value added of having a bike path accessible to your backyard
That is certainly one perspective...
Here are a few others....
http://www.realtor.org/library/effects-of-trails-and-greenways-on-proper...
Is there a site map available?
Would be interesting to see where the old line runs through the properties.
Just to know if they're large lots (4 or 5+ acres) and at the back property line versus small lots and running through a front yard.
Mainly to help direct my daily does of anger at either NIMBYism or an overeaching gov't.
;-)
It doesn't run through properties
These people did not pay tax on it, nor do they own it.
This is a massive takings attempt that land owners near rail line have been trying to pull for forty years now.
Glad the judge didn't listen to their whining attempt to claim land that they do now own. Just like the morons who claim the GLX will "take half my back yard" when they never owned it in the first place and never paid taxes on it.
MBTA
Maybe the MBTA will come through and slash all of the trees along the tracks the way they have in West Roxbury and Needham. Now you can hear the train coming from miles away. They took a tree down that was in my mother's back yard claiming there was an easement
Well was there?
Was there an easement that allowed for them to fell the tree? If yes, tough noogies. If no -- sue. Trees can be worth tens of thousands of dollars.
Or, just whine on uhub. Whatevs.
They can also cost a fortune to cut...
They don't do it for fun...
I don't think that's entirely correct.
My understanding is that the definition of an "easement" is that you officially own the land, but that the terms of your deed require you to allow people to go on your land to do certain things. Practically speaking your point still applies: their ownership of their property did not entitle them to do what they want to do with the land, whether they still technically own the land is of little importance, the point is they're trying to take something they had no prior right to. But it's a difference all the same.
Small lots
These are small lots with the former railroad in back. I'd prefer not to post anyone's personal information in public on this site, but the addresses of the properties are available in the decision of the earlier case that was appealed. So, I looked those addresses up on a map. The lots are about 1/4 of an acre each.
Behind not through
The old line actually runs behind the properties. No one appears to have confused it with their own property, and it definitely looks like one of those things you would know moving in.
It's the empty space between St Marys St and Baker Pl on this map.
Try using the Oliver GIS tool
I don't think there's a way for me to link directly to what I came up with in Oliver, but you can see the individual parcels, as well as the former right of way.
Here's how I came up with my map:
You can see the right of way in question is shown as light green, stemming off of the riverside station. This is coded as "Abandoned Service ROW in Public Interest". I figure this is due to the fact that the ROW was transferred to DCR. You can also see the area that is reserved for the right of way seperate from the individual parcels.
Play around with Oliver, it's a fun tool
Someone doesn't want "strangers" on bikes
Someone doesn't want "strangers" on bikes riding their bikes out back. That's the main thrust of this case.
but cars are ok
yet "strangers" riding in multi-ton, gas-powered vehicles never seems to bother anyone.
Didn't you hear, that's how
Didn't you hear, that's how all the drug dealers come into the neighborhood! Go ahead, put in that bike path. What will you say when a small child walking alone gets sexually assaulted at night*?
*actual NIMBY argument against the linear path extension in Belmont
Doesn't line have to be abandoned in order to build rail trail?
That was the case in Somerville, where the Boston & Maine railroad (or its successor) had to formally file for abandonment before the Community Path could be extended from Cedar to Lowell streets. I think it's also true for the Watertown rail trail, which could not be built until the rail line was formally abandoned.
No
A railroad can "bank" the line, allowing them to restore the line if the need arises.
By abandoning the line, the decision is finalized.
Yeah
Here's the MBTA page about Rail Trails. Most of them still owned by the rail road but leased (presumably for free) to the communities for the paths. Should the T decide they want to resume service they have the option.
On the flip side
Now you've got the likes of the State of New York who are trying to force railroads out of business in order to construct rail trails.
Kind of cool to see it
If you look at the map and the Google Earth images you can see where the old line ran and where it crossed over 128/95 twice and the Charles twice. Also interesting, Google lists the highway as 95, the Yankee Division Highway.
I actually looked at a house in this area, long ago
About 10 years ago I looked at a property for sale in this area. Although in my case the 'abandoned' railway ran alongside the house rather than in back, IIRC. The realtor went out of her way to say "oh don't worry, it's been abandoned for DECADES, nobody will ever develop, run trains again, make a bike path, etc. Didn't believe her for a second. Bike path = great, trains running next to my house = not so much.
Ended up not falling in love with the house anyhow. But I always wondered what would happen to that land. Rooting for the bike path; would connect riders with Rte 16.
Abutters used the railbed for yard waste
Good piece here: http://backsideofamerica.blogspot.com/2015/05/i-seek-newton-part-1-lower...