Grafton & Upton Railroad (G&U) Discussion

MaineCoonCat wrote: ↑Fri Jul 30, 2021 8:24 pm Tried to pull a copy of that deed but stuff that old hasn't been scanned yet..

It was included in the Hopedale Properties filing, on pages 38-47.

jamoldover wrote: ↑Sat Jul 31, 2021 12:21 pm It was included in the Hopedale Properties filing, on pages 38-47.

Thanks!

Second page is where the passage rights are reserved.

Plans #1

Plans #2

MaineCoonCat wrote: ↑Fri Jul 30, 2021 8:45 pmThat's how I read it. My feeling is it amounts to an uncompensated taking. I love the railroad but I'm thinking Hopedale Properties has a valid claim here.

Yeah, and since they don't acknowledge it as a taking, they will have to put it back and live with the 2% grade, and pay "damages.". Why is it a problem now and it wasn't a problem before? Who would they have to go to to approve a taking?

DISCLAIMER: I am not a lawyer although I used to watch Ally McBeal back around the turn of the century..

I watch Perry Mason, even thogh he went underground 28 years ago. Around the time Ally McBeal was on, I worked in a building that was next to or a couple doors down from the building which was the exterior shot for her office.

BandA wrote: ↑Sat Jul 31, 2021 7:02 pm Who would they have to go to to approve a taking?

Not sure but I'm thinking Land Court for Worcester County.

I watch Perry Mason, even thogh he went underground 28 years ago. Around the time Ally McBeal was on, I worked in a building that was next to or a couple doors down from the building which was the exterior shot for her office.

Cool!!!

It looks like the entire property is a huge vacant lot. Hard to believe there isn't another place to provide a suitable crossing if there is a problem at this one spot. I'm sure they can come up with a compromise.

A bit of "thank you,"
I've been looking for something "railroad+law" related to share with the Opening Arguments podcast (now THERE'S a plug! ) for quite some time and I believe this foots the bill as they just did a deep-dive on Eminent Domain and have had a few requests for "railroad law,"
Cheers!

MaineCoonCat wrote: ↑Sat Jul 31, 2021 7:27 pm

BandA wrote: ↑Sat Jul 31, 2021 7:02 pm Who would they have to go to to approve a taking?

Not sure but I'm thinking Land Court for Worcester County.

I watch Perry Mason, even thogh he went underground 28 years ago. Around the time Ally McBeal was on, I worked in a building that was next to or a couple doors down from the building which was the exterior shot for her office.

Cool!!!

Cosmo wrote: ↑Sat Jul 31, 2021 9:49 pm the Opening Arguments podcast (now THERE'S a plug! )

Thanks for the tip!

The kicker line for me, which is where G&U may have some valid claim here, is (not a lawyer here either but I've dealt with railroad agreements before):

"...however, always to be consistent with the full and perfect use of said premises for railroad purposes."

G&U's complete use of the property for railroad purposes appears it might override the desired crossing locations if there is a conflict for some reason. bostontrainguy is right, no reason they couldn't work together to find a different location. So I agree very much with the below.

wilfred wrote: ↑Fri Jul 23, 2021 1:30 pm two millionaires squabbling.

Trinnau wrote: ↑Sun Aug 01, 2021 9:18 pm G&U's complete use of the property for railroad purposes appears it might override the desired crossing locations if there is a conflict for some reason. bostontrainguy is right, no reason they couldn't work together to find a different location. So I agree very much with the below.

wilfred wrote: ↑Fri Jul 23, 2021 1:30 pm two millionaires squabbling.

Ultimately, there is a certain amount of truth to this. The owners of the two companies have a long and acrimonious history with each other, and haven't hesitated to use various legal methods to try to "stick it to the other guy" in the past.

I was a Hopedale resident for quite a few years. I had a front row seat to the bickering,

Why can't the pavement be raised on both sides of the rail to match the height of the tracks?

article in today's milford daily news:

https://www.milforddailynews.com/story/ ... 563843001/

article in yesterday's milford daily news:

https://www.milforddailynews.com/story/ ... 184435002/