How do you acquire abandoned railroad property?

Answer 1

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.