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The railroad, unless they deed it over to someone else.

ClarificationIt sometimes requires extensive research in the 1800s to determine who owns an old railroad right of way. When railroads were first constructed there were different ways by which the railroad acquired their rights in the land: by deed in fee, by grant of easement, by eminent domain takings and by congressional grants.
  • If the right of way was acquired by deed the railroad owns the land and may have the right to sell it when the ROW is no longer in use.
  • If grants of easement rights to construct the ROW were acquired from the abutters then the land may revert to those abutters when the ROW is discontinued.
  • If the land was taken by eminent domain for the layout of the railroad then the land may revert to the abutters when the ROW is discontinued.
  • In Massachusetts the state has the right of first refusal when railroad land is conveyed in fee.

This is a contentious topic right now in the United States where states are acquiring old railroad corridors to construct bike and hiking trails for public use. See the related link provided below.

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Q: Who owns railroad property when it is no longer in use?
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