• Delaware and Raritan River Railroad-General Discussion

  • Pertaining to all railroading subjects, past and present, in New Jersey
Pertaining to all railroading subjects, past and present, in New Jersey

Moderator: David

  by pdtrains
 
Bracdude181 wrote: Wed Jul 27, 2022 9:04 pm I could be wrong but I think L&Ls property boundary was been right up against the track for some time, perhaps even before they moved in.

Measuring tool on Google Earth puts L&Ls temporary fence at 17.8 or so feet from track centerline at the closest point where this measurement can be made. It’s like 5 feet closer at the road but I can’t say exactly how much cause the tracks aren’t visible.

Could be wrong but I think RR property is considered 25 feet from the centerline under federal law? May explain the issue…
I know there are places that the RR row is about 12' or so from track centerline. IDK if these places are grandfathered in, and there is a more recent law that factors in. Physically, there's no problem, but who knows what the law in NJ says these days. L&L might just be looking for a payday.
  by Bracdude181
 
“L&L might be looking for a payday.”

I wouldn’t be too hopeful for that if I was them lol.
  by Ken W2KB
 
Bracdude181 wrote: Wed Jul 27, 2022 9:04 pm Could be wrong but I think RR property is considered 25 feet from the centerline under federal law? May explain the issue…
If there is such a provision in federal law or regulation, that would not in any way affect land ownership or permit a railroad to encroach on adjoining property to achieve that 25 foot requirement. A railroad if it needed additional land to meet a federal requirement would have to acquire the necessary land right in fee simple, easement or license by negotiation with the landowner, or if unsuccessful at reaching a mutual agreement, then by exercise of eminent domain power. If land is to be taken by the State of NJ or any subdivision of the State, eminent domain is a very quick process, simply serve the land owner with notice and appraisal offer, and after a short time if the offer is not accepted the government entity can take possession of the land. The owner can contest the amount of the offer in court after the fact.
Last edited by Ken W2KB on Thu Jul 28, 2022 11:33 am, edited 1 time in total.
  by Ken W2KB
 
pdtrains wrote: Wed Jul 27, 2022 8:40 pm So, I still dont get it. If they were allowed to build right up to the RR ROW, whats the problem? Did the township (or whatever governing body) give them permission to encroach on the ROW, with the blessings of NJT?
Guess I'll have to look at the goog maps to see...
Only the owner of property can grant a right to encroach upon / use that property, unless NJ law of adverse possession or easement by prescription grants a right to the user. In the case of railroad or NJ government at any level (NJ State and every subdivision of the State government) property, rights to such property is exempt from adverse possession and prescriptive easement acquisition. Hence, your conjecture of express permission having been granted by the State or railroad may be correct, though that would require a legally binding contract in writing executed by an agent with authority to do so.
  by Ken W2KB
 
JohnFromJersey wrote: Wed Jul 27, 2022 1:00 am Brick Recycling I can 100% see getting service again after FIT-SOUS is reconnected - I can see them getting a decent amount of cars biweekly, if not more possibly. I believe they were supposed to get damn near a dozen or so cars at a time until allegedly NJT pumped the breaks on having gondolas full of scrap on the Coastline.
If there are a descent number of cars biweekly, it may be more cost effective to receive half that number of cars every week, especially if the train is operated anyway for other business and it allows more flexibility and lower costs of loaded vs. empty cars occupying the property? Wonder.
  by JohnFromJersey
 
Meant to say "twice a week" instead of biweekly. My mistake.

Speaking of Brick Recycling,how many cars can they fit on their siding at a time? It looks like it can fit quite a bit.
  by Bracdude181
 
I think 4. They’ve gotten 4 at once in the past.

JB-1 delivered 1 car to Reed Perine is dropping off 4 at Cary molding.
  by Bracdude181
 
Northbound at James Street 1:42 PM

BDRV 752 was left at Woodhaven. Pictures to follow later. Word is it had a mechanical issue…
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