• Grafton & Upton Railroad (G&U) Discussion

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

Moderators: MEC407, NHN503

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  by jamoldover
 
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.. :(

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

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  by MaineCoonCat
 
Plans #1

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Last edited by MaineCoonCat on Sat Jul 31, 2021 1:21 pm, edited 1 time in total.
  by MaineCoonCat
 
Plans #2

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  by BandA
 
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.
  by MaineCoonCat
 
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!!!
  by bostontrainguy
 
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.
  by Cosmo
 
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! :wink: ) 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! :-D
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!!!
  by MaineCoonCat
 
Cosmo wrote: Sat Jul 31, 2021 9:49 pm the Opening Arguments podcast (now THERE'S a plug! :wink: )
Thanks for the tip!
  by Trinnau
 
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.
  by jamoldover
 
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.
  by wilfred
 
I was a Hopedale resident for quite a few years. I had a front row seat to the bickering,
  by jboutiet
 
Why can't the pavement be raised on both sides of the rail to match the height of the tracks?
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