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I wanted to post a subject that I am sure every one comes across quite frequently, and wanted to know how certain utilities deal with railroad crossings.

First thing one must do is to really delve into the title of the crossing location to determine if the RR owns the underlying land in fee or if the original R/W was just granted as a R/W for railroads. If they do not own the land in fee, and it is proveable as such, then one only needs to inform the RR of the crossing and pay the adjacent llandowners for a normal R/W. If the RR does own the land in fee, then one must go through their permit process. Contact their district R/W person and get the forms necessary.

First thing one must do is to really delve into the title of the crossing location to determine if the RR owns the underlying land in fee or if the original R/W was just granted as a R/W for railroads. If they do not own the land in fee, and it is proveable as such, then one only needs to inform the RR of the crossing and pay the adjacent llandowners for a normal R/W. If the RR does own the land in fee, then one must go through their permit process. Contact their district R/W person and get the forms necessary.

pappy19 wrote:First thing one must do is to really delve into the title of the crossing location to determine if the RR owns the underlying land in fee or if the original R/W was just granted as a R/W for railroads. If they do not own the land in fee, and it is proveable as such, then one only needs to inform the RR of the crossing and pay the adjacent llandowners for a normal R/W. If the RR does own the land in fee, then one must go through their permit process. Contact their district R/W person and get the forms necessary.

It is not that easy, even if the railroad does not own the land in fee, the utility is subject to FRA regulations, will require flagging protection from the railroad to construct the line, etc. Just because the railroad does not own the property in fee, does not mean the adjacent landowners can grant another easement on top of theirs without consent of the railroad just the same way as you cannot grant a powerline easement on top of your sewer easement without consent of the sewage company.

You CAN grant a powerline easement on top of a sewer easement. Easements are non exclusuve unless so stated in the document. The 2nd easement owner(power) cannot interfere with the rights set out in the original easement ( the sewer company). There are thousands, if not more, multi-use easements in the US. Often power companies, telephone companies, and CATV companies occupy common easement areas.

nimwad wrote:You CAN grant a powerline easement on top of a sewer easement. Easements are non exclusuve unless so stated in the document. The 2nd easement owner(power) cannot interfere with the rights set out in the original easement ( the sewer company). There are thousands, if not more, multi-use easements in the US. Often power companies, telephone companies, and CATV companies occupy common easement areas.

By stating "sewer easement" I was referring to an exclusive easement. Even if it were an 8' "utility" easement with an existing sewer line, I would say its safe to say not only would a pole line interfere with, but it would compromise the line seeing as a lot of sewer mains only have 3-5' of cover!

I should have been more specific, but back to the topic at hand, railroad right of way is an "exclusive" grant for the most part. The easiest way to cross a railroad is through a public road right of way where permitting and permission is not needed.