Railroad Forums
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Bracdude181 wrote: ↑Sat Feb 27, 2021 9:20 am &Tanker1497 I’ve been hearing that the work actually was for the power lines. However, I know why Conrail gave them permission to cut along the tracks. Them doing that saves Conrail most of the trouble when they eventually reopen the line. They will still need a special machine to rip the stumps out of the ballast once work starts up, but aside from that Conrail now only has to pay for tree removal from Whitesville to Cross Street.Most likely the electric lines are on Conrail property by way of easement which requires that Conrail be notified before entering the property. No "permission" is needed, but typically on active rail lines the notice and easement requires that the electric utility company pay for one or more railroad employee flaggers in communication with railroad dispatchers for safety reasons. For out of service lines the railroad must be notified, and will respond that no flaggers are needed.
Tanker1497 wrote: ↑Sat Feb 27, 2021 6:52 pmTanker, when did this occur? What post are you referring to that states Clayton sold and what is/was sold?I guess no one noticed that the route 72railroad bridge was sand blasted and painted, and they are were working on the abutments. In the same post I saw the Clayton was sold?
Screen shot:
Photo Credit goes to Steven Wayne Applegate
R&DB wrote: ↑Sat Feb 27, 2021 10:05 pmCan anyone get a source on the picture and/or Clayton being sold? If they're doing work to the bridge, it could either be simple cosmetic work, or C&D could be planning on reopening the whole Southern Division. I could believe the latter since the bridge from Rt 72 isn't too far from Clayton. Either or, big news.Tanker1497 wrote: ↑Sat Feb 27, 2021 6:52 pmTanker, when did this occur? What post are you referring to that states Clayton sold and what is/was sold?I guess no one noticed that the route 72railroad bridge was sand blasted and painted, and they are were working on the abutments. In the same post I saw the Clayton was sold?
Screen shot:
Photo Credit goes to Steven Wayne Applegate
Bracdude181 wrote: ↑Sat Feb 27, 2021 1:09 pm @Ken W2KB I suppose that makes sense provided the poles are on Conrail property. Typically anything within 25 feet of the either the tracks center or the edge of a tie (forgot which one) is considered railroad property. There are exceptions to this though.I checked the records, and the JCP&L electric line is on Conrail property. Although not the grant for this specific electric line, I have read over the years at least a dozen or so electric and gas utility easement deed grants conveyed by railroads and none required permission as such from the railroad to do maintenance on the lines. The easements grant the right to the utility to enter and perform inspections and work on the railroad property, subject only to prior notification to the railroad. The provisions governed entry anywhere on railroad property, not just in close proximity to the tracks, and typically required around a 10 day prior notice for routine work, and the railroad could not deny entry at the end of that 10 day period. If the tracks were active the railroad could legally require that the utility pay the reasonable cost of one or more railroad employee flaggers during hours the utility work was performed. If emergency utility repairs were required, the railroad had to grant access as soon as reasonably practicable, which would generally be at most several hours to get flaggers to the job site. So unless the grant by Conrail or its predecessor railroads owning this trackage had some highly unusual language in the deed conveying the easement to JCP&L, Conrail cannot deny entry if proper advance notice is given by the utility.
To just cut around the poles, I don’t see why they would need Conrails permission. They do however, need permission if the trees along the track are in the way.
Either way, we will have to wait and see if anything else comes of this.
