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  1. #1
    Join Date
    May 2009
    Posts
    1

    Default Railroad Use of Land

    My question involves real estate located in the State of: Iowa

    Brief history: A coal company from Kentucky bought 170 acres of high quality farm land in Iowa with the intention of putting a Coal Distribution Terminal on the site. They were required by the Railroad to purchase the land prior to being given authorization for a spur. Land was purchased, spur was granted, however, the County ruled based on LESA scores that it was too valuable to be used for a non-agriculture purpose - a coal distribution terminal. Thought the issue was dead (hundreds of citizens in a nearby community rallied to stop this negative environmental impact - coal dust, water contamination, massive truck traffic.)

    Now, it is rumored (good sources) the railroad is going to either buy or lease the land to build a railcar repair facility (which is a fine economic development as far as we are concerned) however, there is also concern the railroad will also allow a coal distribution terminal on this land.

    Question is: How much privilege do the railroads have regarding use of land? Can they do whatever they want with this land, including a coal distribution terminal, even though it will dramatically contaminate both the air and water, and cause massive traffic problems (accidents and deaths will certainly occur!) We are talking about approximately 170 semis entering, and then leaving a 4 lane highway daily which does NOT have enough space (too narrow) in the median to allow the semis to go part-way then finish their turn.

    How broad is the railroads power? Can they indeed do whatever they want? Can the railroad be restricted regarding how they use their land? If so, what is the process to put restrictions on their use of the land?

    Any help, knowledge, and information you can provide will be greatly appreciated by this small town (approximately 7,000 residents.) Thank you in advance.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Railroad Use of Land

    They can use their land for any lawful purpose. If the law restricts their use, they are free to lobby for the law to be changed, or for a variance that permits their intended use.

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