hutton_switch wrote:Agreed -- but the railroad was there first.
From a legal standpoint, if the people in the mobile homes were to try to prevent the CMSL from reopening the Cape May Point Branch, there would be some issues to resolve:
1) Was the Cape May Branch ever officially abandoned (e.g., did the PRSL petition the ICC to officially abandon that trackage and was the application granted)?
2) Is the abandonment still enforceable even though the PRSL is now a fallen flag and the CMSL the new owner?
3) Does the CMSL still own the right of way? Can they claim eminent domain?
4) Have the tenants in the mobile homes actually trespassed on CMSL property by placing their mobile homes as they have?
As far as I know, the answers are:
1. PRSL did not terminate operations...Conrail did, in 1983. And the track wasn't owned by Conrail...NJDOT owned it, and still does. I believe it was formally abandoned, however.
2. CMSL dosen't really own it...NJDOT owns it, and they're still around.
3. NJDOT could claim eminent domain, but I don't think this would be a good public relations choice...
4. I don't believe so...they're actually off railroad property as I know, with the exception of some clothes lines, etc which they have strung up on the ROW...
Additionally, the CMSL did petition to the STB in 2001 to receive rights to operate freight service over the entire Cape May Branch, as well as the Cape May Point Branch. It was granted. STB finance docket number 34112.
CSAO Beesley Point Secondary - MP 8.69 (Magnolia, NJ)
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