Webinars
Railroads and Railroad Rights of Way
Professional Surveyors frequently encounter railroad rights of way in their work as they retrace boundaries, deal with questions of seniority between public roads and railroads, address abandonments or reversionary rights, or guide clients on their needs for easements or licenses over railroad rights of way. In the process they often face confusion over the status of a railroad right of way: Is it a fee ownership or just an easement? Is it abandoned or just inactive? Is it active? How does one know? How does one find Railroad Valuation Maps and vesting deeds? What about "Rails to Trails?" In this session, we will review several judicial decisions regarding railroad rights of way including Preseault v. Interstate Commerce Commission (U.S. Supreme Court, 1990), Howard v. U.S. (2012), contemporary state cases, Clark v. CSX (2000), and Brandt v. U.S (2014). We will also exam the National Trails System Act of 1969 and its 1983 amendment in order to better understand the frequent debate over "Rails to Trails.”
Speaker: Gary R. Kent, P.S.
Gary Kent is a Professional Surveyor with Schneider Geomatics in Indianapolis. After 37 years, he transitioned to part-time in 2020 and formed Meridian Land Consulting through which he provides training, consulting and expert witness services. Gary was Chair of the ALTA/NSPS Workgroup responsible for the ALTA/NSPS Standards from 1995 to 2021. He has presented programs on boundaries, standards, risk management, safety, easements, leadership, and other topics multiple times in all 50 states. Gary has served on the Indiana State Board of Registration for Professional Surveyors since 2004 and is a past-president of both ACSM and the Indiana Society of Professional Land Surveyors.
