Corridor Research
Delaware & Lehigh Trail | Photo by Thom Carroll
Researching a railroad right-of-way, or corridor, is a good place to begin when assessing its potential for trail development. The first step in your search is to determine the corridor status—does the federal regulator, the Surface Transportation Board (STB), recognize the corridor as “active” or “abandoned?” Identifying the corridor status will help you decide on a suitable course of action for acquisition.
Active vs. Abandoned Corridors
A line can be active if:
- Trains are running, and the railroad is profitable—rail-with-trail may be an option
- Trains are running, but the line is not profitable—railbanking may be an option
- Trains are not running—railbanking may be an option
- The railroad is undergoing abandonment proceedings with the STB—act immediately for railbanking
A line is abandoned only when the railroad has applied to the STB for abandonment authorization, the STB has issued an order authorizing abandonment of the line, and the railroad has notified the STB that it has consummated the abandonment authorization. It is important to note that even a corridor lacking rail service and appearing derelict may still legally be active and subject to STB jurisdiction.
The STB posts information about railroad abandonments on its website. Their searchable database holds full text records of filings (submitted by railroads, independent buyers, trail groups, etc.) and subsequent decisions administered by the STB. To locate filings or decisions related to a specific corridor, visit the STB website and follow these steps:
- On the top menu bar, scroll over “Proceedings and Actions” and choose either “Decisions” or “Filings.” That lets you view all posted filings and decisions by date.
- Click on the button that reads “Search STB records” to open the search page.
- First select what you want to search for. To search “Decisions” choose that option from the first drop down menu. To search “Filings” do the same.
- In the Docket Number field, Choose “AB” from the first drop-down menu box. This will limit your search solely to abandonment filings or decisions. It’s okay if you don’t have the numbers to fill in the rest of the boxes in that field – you can still do your search even if you don’t have the complete docket number. The “Document Text Search” field lets you enter keywords that are relevant to the corridor you are researching; county and state names will usually yield appropriate results.
If you need additional help searching, refer to the STB help page. You can also reach out to the STB’s Rail Customer and Public Assistance program.
Understanding Corridor Status
Regulatory status can be quite complicated, even for seasoned railroaders. However, for most people, these can be best understood as follows:
Regulated, Active Corridors
A regulated (by the STB), active corridor is one in which the railroad maintains its common carrier obligations over the line and must serve any customer who requests service. The corridor must be maintained to certain standards, and removal of rails is not allowed.
Non-Regulated, Active Corridors
A non-regulated, active corridor is a corridor that does not fall under the jurisdiction of the STB from a common carrier perspective. This may be an industry-owned spur (such as a coal mine owning its own land and tracks), or a corridor that has been formally “abandoned” but is still being used by the railroad for the storage of railcars or even to serve customers.
Regulated, Inactive Corridors (Discontinued)
A regulated, inactive corridor is a corridor that has been placed under a Notice of Discontinuance of Service by the STB. A Discontinuance of Service allows the railroad to stop serving customers and remove tracks (except crossings) if it so elects.
Non-Regulated, Inactive Corridors (Abandoned)
If the corridor was once regulated, this means that it has been through the abandonment process and granted exempt status from the STB. The railroad can legally remove tracks but is not under obligation to do so. However, most states interpret that once a corridor has been abandoned and the tracks are removed, any easements granted to the railroad for railroad purposes are also abandoned and revert to the underlying landowner. In effect, this can break apart a corridor, making it nearly impossible to put back together. As a result, most railroads will leave track on the ground to preserve title unless the salvage value of the track exceeds the value of the corridor being kept intact.
Abandoned Corridor Research
For corridors determined to be abandoned, research should continue at the local and county tax assessors’ offices; the railroad probably pays (or paid) local real estate taxes and complies with other local ordinances. These records are public and may provide clues to the ownership and valuation of the corridor. City planning departments may also be able to assist with property research, while your state trail coordinator can offer helpful information about other existing or previous trail development efforts for the corridor. Hiring a title company or real estate attorney experienced in railroad rights-of-way to conduct title research is usually a wise investment.
Collect as much information as possible; you can leverage this data to educate those working on the trail project, as well as adjacent landowners, community members and local leadership. Contact your local government or state rail authority (through your state department of transportation) to verify specific information on the corridor, such as that which is outlined below:
Ownership
The railroad probably has only the original deeds under which it acquired the corridor, but all title information must be locally recorded. You can research that information in local land records, including any zoning ordinances, subdivision rules or other restrictions on the use of the property.
Valuation records and maps, created by railroads at the request of the Interstate Commerce Commission (ICC) between 1915 and 1920, may also be on file with the abandoning railroad, or they may be available at your state’s historical society or rail authority, or at the National Archives at College Park in Maryland. These records may also prove useful in revealing how the corridor was assembled (easements, federally granted right-of-way, etc.).
Condition
Even if the corridor is still owned by the railroad, it is highly likely that the railroad’s representatives, who are responsible for hundreds or thousands of miles of track, have never actually seen it. It is also possible that the corridor has already been sold by the abandoning railroad or that the land has reverted to adjacent landowners. In any case, it’s wise to obtain permission from the railroad or current owner(s) of the corridor to conduct your own accurate, on-the-ground inspection.
History
Does the corridor have any historically significant built structures like tunnels and bridges? Communities adjacent to the corridor can be good starting points to locate important historical and cultural resources relevant to the history of the corridor and railroad activity, which may have been central to commerce, tourism and growth. Likewise, state historic preservation officers often maintain this information, as well as sites that are listed on the National Register of Historic Places. Railroads are now required to identify historic bridges and tunnels within their abandonment filings to the STB; for recent or upcoming abandonments, thoroughly review these filings on the STB website.
Definitions
Abandonment: As used by railroad companies, “abandon” means to cease operation on a line, or to terminate the line itself. Abandonment is official when the STB has issued an order authorizing abandonment of the line AND the railroad has notified the STB that it has consummated the abandonment authorization.
Corridor: A long, narrow strip of land or real property rights. Generally, corridor refers to the entire right-of-way owned or operated by the railroad or trail manager.
Railbanking: Condition allowing a railroad to “bank” a corridor for future rail use if necessary. During the interim, alternative trail use is a viable option.
Surface Transportation Board: The federal agency that oversees changes made by railroad companies. Formerly the Interstate Commerce Commission (ICC).
Resources
‣ Manual – Acquiring Rail Corridors: A How-To Manual (see chapter 5, “Researching the Property”)
‣ Manual – Secrets of Successful Rail-Trails (see chapter 6, “What is the Status of Those Tracks?”)
‣ Fact Sheet – Who Actually Owns the Right-of-Way?
TrailNation Collaborative
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