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Railroad Right-of-Ways


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I recently wrote a letter of inquiry to CSX, about buying .1 acres of railroad right-of-way. In their response they wrote that the only way that they could sell land was if a sale of $1,000,000 or more was made.

Does anyone know anything about this? Why the sale would need to be of $1,000,000 or more?

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Would there be a way to do some negotiating with CSX? I know .1 Acre does not sound like a big piece of land, but I really need to expand a parking lot. This would be there only chance to ever sell the land. Seeing that me or anyone else would never pay $1,000,000 for the parcel. Plus I don't see why there is a 50 ft right-of-way from the center of the track on my parcel, and the other parcels around me only have 20 ft of right-of-way from the center of the track.

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Would there be a way to do some negotiating with CSX? I know .1 Acre does not sound like a big piece of land, but I really need to expand a parking lot. This would be there only chance to ever sell the land. Seeing that me or anyone else would never pay $1,000,000 for the parcel. Plus I don't see why there is a 50 ft right-of-way from the center of the track on my parcel, and the other parcels around me only have 20 ft of right-of-way from the center of the track.
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Would there be a way to do some negotiating with CSX? I know .1 Acre does not sound like a big piece of land, but I really need to expand a parking lot. This would be there only chance to ever sell the land. Seeing that me or anyone else would never pay $1,000,000 for the parcel. Plus I don't see why there is a 50 ft right-of-way from the center of the track on my parcel, and the other parcels around me only have 20 ft of right-of-way from the center of the track.
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In my experience, negotiating with CSX is like talking to a wall. Even when you are trying to do something they encourage -- such as a municipality closing down crossings -- figure on a two-three year wait marked by long silences. They probably are the most unresponsive party we've ever dealt with.

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Would there be a way to do some negotiating with CSX? I know .1 Acre does not sound like a big piece of land, but I really need to expand a parking lot. This would be there only chance to ever sell the land. Seeing that me or anyone else would never pay $1,000,000 for the parcel. Plus I don't see why there is a 50 ft right-of-way from the center of the track on my parcel, and the other parcels around me only have 20 ft of right-of-way from the center of the track.
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More than 30 years ago, a company I used to work for built a small industrial building near Rockford that backed up to the railroad ROA. They installed a fence around the property that encroached almost up to the tracks. I don't know who owns the property now but the fence is still there along the White Pine Trail and I imagine they now own part of the right of way through adverse possession.

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  • 2 weeks later...
No, its not abandoned. Its located in the City of Grant (Newaygo County) at the corner of East State & M-37 (Maple) Now when I said it was to expand parking I should of added that I was speaking about about the plans I'm working on. I have designed two sets preliminary plans one in event that I was able to purchase the land, and the other if I was not able.

0001.jpg

I'm looking at lots 001 and 002 both are owned by Rite Aid of Michigan (004, 003, 010 & 006)

But you can see the large ROW next to them, however at the bottom of the image 010 is much closer to the railroad tracks, and the

ROW is much smaller. 28 Feet difference.

CSX set my rejection letter last year, and I was talking to the City, and they also got a rejection letter two months ago, when they needed to by .001 acres of land, in order to apply for a State Historical Marker.

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Attempting to BUY a piece of railroad right-of-way from CSX is definitely the wrong way to go. If they sell you a piece of their right-of-way, then they're compromising the integrity of their corridor. You will not be able to buy a piece of their right-of-way without compensating them for the impact that your purchase would have on the rest of the corridor - which could easily be in the millions.

However, railroads will frequently allow you to encroach upon their right of way with an encroachment agreement or a lease. You pay them an agreed-upon amount per month to lease the property, get your improvements approved by them, and agree that the railroad can terminate your lease at any time without cause and within 30 days notice (or something.) Never done one of these agreements myself, but they may also require you to pay to remove your improvements and restore the property to its original condition upon termination of the lease.

Documents for applying for such a lease can be found here. Have your lawyer look them over.

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