What does ROW stand for?

I was reading a post about the Warren Glen Branch in New Jersey, and it says "The ROW is partly a trail, and the trail connects to the Musconetcong Gorge Trail." What does ROW stand for?

Brian

Brian Sipler wrote:I was reading a post about the Warren Glen Branch in New Jersey, and it says "The ROW is partly a trail, and the trail connects to the Musconetcong Gorge Trail." What does ROW stand for?

Brian

Right of way?

Jim Greenwood wrote:

Brian Sipler wrote:I was reading a post about the Warren Glen Branch in New Jersey, and it says "The ROW is partly a trail, and the trail connects to the Musconetcong Gorge Trail." What does ROW stand for?

Brian

Right of way?

right!

Lackawanna484 wrote:
right!

Of way.



Sorta?

Related is: MOW -- maintenance of way.

Lackawanna484 wrote:

Jim Greenwood wrote:

Brian Sipler wrote:I was reading a post about the Warren Glen Branch in New Jersey, and it says "The ROW is partly a trail, and the trail connects to the Musconetcong Gorge Trail." What does ROW stand for?

Brian

Right of way?

right!

And technically, where the railroad only had an easement, rather than owning the land in fee simple. Though in the venacular, it has come to mean anywhere through tracks are located.

Ken W2KB wrote:
And technically, where the railroad only had an easement, rather than owning the land in fee simple.

I think you've got it backwards Ken.

OED entry, which offers the British usage:

right of way

• noun 1 the legal right to pass along a specific route through another’s property. 2 a path subject to such a right. 3 the right of a pedestrian, vehicle, or ship to proceed with precedence over others in a situation or place.

Webster's offers the US definitions, consistent with the UK definition as the first entry

right of way also right-of-way (rtv-w)
n. pl. rights of way or right of ways also rights-of-way (rts-) or right-of-ways (-wz)

The right to pass over property owned by another party.
The path or thoroughfare on which such passage is made.
The strip of land over which facilities such as highways, railroads, or power lines are built.
The customary or legal right of a person, vessel, or vehicle to pass in front of another.

Lackawanna484 wrote: Webster's offers the US definitions, consistent with the UK definition as the first entry

right of way also right-of-way (rtv-w)
n. pl. rights of way or right of ways also rights-of-way (rts-) or right-of-ways (-wz)

The right to pass over property owned by another party.
The path or thoroughfare on which such passage is made.
The strip of land over which facilities such as highways, railroads, or power lines are built.
The customary or legal right of a person, vessel, or vehicle to pass in front of another.

In defference to Mr. Webster, in the city planning and civil engineering professions, when land is acquired in fee, we call it "right-of-way", the right to pass over property owned by another is an "easement".

Don31 wrote: In defference to Mr. Webster, in the city planning and civil engineering professions, when land is acquired in fee, we call it "right-of-way", the right to pass over property owned by another is an "easement".

Then the legal and the civil engineering professions differ in their terminology, not surprisingly. An easement is much broader term than a "right of way," referring to many types of permanent encumbrances on the land. For example, the right to locate a sign on the land owned by another, an easement for light and air, a sight easement, and so forth. The vast majority of case law is in accord, with many of those stating something along the lines of "the aquisition by the railroad of a "right of way" is construed as a mere easement and the railroad owns no interest in fee" (case involved a municipality asserting a real property tax on the full value of the land as opposed to only on the value of the easement).

Likewise, ownership by a railroad of land in fee is a much broader right than an easement. Not only does the railroad have a right of passage (e.g., "way") for its trains, but can also lease or license the land for other purposes. By way of example, a railroad with ownership in fee can lease or license the right to a communications company to bury fiber or other cables in the land (as many have done) but a railroad with only an easement for right of way has no legal right to do do. The telecommunications carrier must negotiate with the underlying owner in fee.

I think this discussion is an example of why engineers should not practice law and attorneys not practice engineering.

Slightly OT re: NJ

Canadian Pacific encountered a similar obstacle in the 1980s when it sought to allow fiberoptic lines under a section of Ontario trackage. The land was acquired under a restrictive lease in the 1880s, and the grantors forced CP to buy them out at a huge premium to gain the release on the restrictions.

I don't disagree with the above legal definitions, but I can only speak from my experience.

On any project I've ever worked on, both in and out of NJ, we develop "right-of-way" estimates for land that is to be acquired; and easement estimates for land to be used, but not acquired (e.g., for the foot of an embankment).

I think this discussion is an example of why engineers should not practice law and attorneys not practice engineering.

For example, had lawyers built the Brooklyn Bridge, it would be the most expensive damn bridge in history, but no one would be allowed to use it without signing a waiver of liability and paying tolls on both ends.