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You have asked an interesting and complex question. The status of title to railroad land varies from state to state. There is no universal answer due to the various ways by which developing railroads first acquired title. Those can include the following:
- congressional grant in federal or state public lands
- taking of fee interest by eminent domain
- taking of easement by eminent domain
- fee deed from fee owner
- easement deed from fee owner
Whether or not the land can be claimed by adverse possession depends on other factors that include the following:
- If the land was taken or conveyed specifically for the purposes of maintaining a railway system the land may revert to the original abutters when it is no longer used for railroad purpose.
- If the land was acquired through a congressional grant or state grant it cannot be acquired through adverse possession.
- In states where railroad land can be acquired by adverse possession the time period required to perfect a claim is sometimes lengthened. In some states only lands that were used for certain purposes can be claimed. In some states there must be an abandonment and the requirements for abandonment are set forth in statutory and case law. In some states mere non-use is not considered an abandonment.
- Requirements for adverse possession of "wild land" such as railroad ROWs are more stringent in some states where simply Fencing in the desired land for grazing may not be adequate.
- In some jurisdictions encroaching on railroad land is against the law.
- In some states railroad property cannot be acquired through adverse possession.
- Many states have a right of first refusal in railroad property.
- Extensive title research must be performed to determine the status of the title owned by the railroad.
Adverse possession of railroad land is a specialty area of law. You need to consult with an expert in conveyancing and railroads who can review your situation and explain your options under the statutory and case law in your state and federal statutory and case law.
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Is it legal to scrap railroad spikes?
Technically no. They're property of whichever railroad you stole them from. If the line is abandoned, they still don't belong to you, and depending on how the scrap yard is run they may accuse you of theft.
Can domestic corporation acquire a real estate property?
Yes. Corporations acquire real property all the time.Yes. Corporations acquire real property all the time.Yes. Corporations acquire real property all the time.Yes. Corporations acquire real property all the time.
Why are railroads abandoned?
That would be the 'Short Line' railroad.
How did northern slaves acquire their freedom?
underground railroad
Who is responsible for the weeds along the railroad tracks and along N.M. highways?
Whoever owns the property. If it's railroad property, the railroad is responsible. If it is highway property, it can be the state's responsibility.
Criminal trespassing of private property but abandoned apartment -law pertaing to this in tx?
No property is really EVER abandoned. All property is owned by SOMEBODY. It may be empty and even look derelict - but it is NEVER abandoned.
If railroads only acquired easements from property owners how can the railroad give the abandoned railroad corridors to the state without a deed?
This is a complicated area of law. Some states have passed legislation that allows the taking of former railroad corridors for the purpose of constructing public bike and hiking trails. See related questions and link.
How does one acquire an abandoned property if the owner can't be found?
Check with the tax assessor's office to see if the property has been taken by the town for non-payment of property taxes. Generally, the only way to buy "abandoned property" is to purchase it from the town because towns have the authority to take title to property when the taxes are in default. In the United States, title to real property must be transferred legally- you can't just claim it. Inquire about purchasing it from the town. You could also explore the adverse possession laws in your state.
When can a landlord take possession of an abandoned property?
If he knows for sure the property is abandoned he may repossess it immediatley, if he is uncertain he can get an order of repossesion.
What is considered abandoned personal property in Nevada?
Any property that is not currently being maintained is considered abandoned personal property in Nevada. Anything can happen to this material if not claimed.
What is the Statutes of limitations on abandonment of personal property?
Generally, when real property is "abandoned" there are other entities that can acquire title legally. If there is a mortgage in default, the bank can foreclose and take possession of the property. If there is no mortgage and the owner has abandoned the property the town can take possession of the property for non-payment of property taxes. Title to real estate must be transferred legally. If you are thinking of acquiring property by adverse possession, in Mississippi, the duration of such possession is ten (10) years. Mississippi Code §15-1-7, 13.
When someone dies and the rental is abandoned what do you do with the personal property?
There are specific laws in each state about abandoned property. After a certain period of time you can sell the property and put the money into escrow for the estate.
