Who owns disused railway tracks?

While most lie dormant and are still under the ownership of the abandoning railroad company, some cause political controversies in communities through which they run due to property disputes once the land returns to adjacent landowners; others are converted to rail-trail use, an increasingly popular option that opens ...



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In such situations, when a railroad abandons the line, it gives up its easement rights to use the land and “fee simple” – complete and exclusive – ownership reverts to the underlying landowner.

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A person shall not proceed through, around, over or under a crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.

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It's Illegal Trespassing onto railroad property, including tracks, bridges, buildings and signal towers, is illegal. Violators are subject to a citation for trespassing. Union Pacific will seek removal from publication any photograph or video that violates this policy.

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Reasons for abandonment Many old lines have stopped making a profit. The decision to abandon a line may be taken by a railway company or by government, as with the Beeching cuts in Great Britain in the 1960s.

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The value of a scrap railroad track varies by material and its condition. Depending on its dimensions and shape, a ton can range from $300 to $750. For example, an R50 track will fetch a price of between $200 and $750, while an R65 way will cost more than twice that.

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U.S. railways are privately owned and operated, though the Consolidated Rail Corporation was established by the federal government and Amtrak uses public funds to subsidize privately owned intercity passenger trains.

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The railroad may own outright some portions of the corridor (which were acquired in “fee simple”) while it may have only the right to use other portions (which are held in “easement”). Determining actual ownership requires a title search, which can be both complicated and time consuming.

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Eurotunnel is now highly profitable, after a difficult start when it was held down by massive debts from the tunnel construction. Debt restructuring in 2007 reversed the company's fortunes — at the expense of thousands of small shareholders who saw their holdings slashed in value.

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Mismanagement would also pay a role in the downfall of the company, and in the late 1970's, it filed for bankruptcy. Part of the bankruptcy included the abandonment of the entire Pacific Extension from Terry, MT to Renton, WA, over 1100 miles, making it the single largest abandonment in American History.

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Historic Strasburg takes pride in the fact that its railroad is the oldest continuously operating short-line railroad in America.

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Remember, railroad rights-or-way and tracks are private property and should only be crossed at authorized crossings. You may see signs similar to this one reminding you to stay off of the tracks. Even if there are no signs present, you should stay off the tracks and right-of-way and cross only at approved crossings.

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Never trespass or cross tracks illegally. Railroad tracks are private property, not public trails. It's illegal and dangerous to walk on or near tracks unless you're using a designated crossing.

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Anyone else on the track or grounds of the railroad is trespassing. Even though you might think that you are safe, more than 1000 people are either killed or injured each year in the United States while trespassing on railroad tracks, yards and other railroad property.

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It is absolutely not legal to ride on any part of a freight train without the express permission of the railroad. You would be guilty of trespassing and of theft of service since you would be getting railroad transportation without paying for it.

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Most subway trains are designed to be able to safely pass over a person lying between the rails. The space under the carriage of a subway train is typically large enough to accommodate a person lying prone on the tracks.

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