Prototype Information
A Right-Of-Way (ROW) is a right to make a way over a piece of land, usually to and from another piece of land. It is a type of easement granted or reserved over the land for transportation purposes, such as a highway, public footpath, rail transport, canal, as well as electrical transmission lines, oil and gas pipelines. In the case of an easement, it may revert to its original owners if the facility is abandoned. This American English term is also used to denote the land itself.
A right of way can be obtained by land grant from a government, eminent domain, or purchase.
Land Grant. During the drive to settle the western portion of the United States, Congress sought to encourage the expansion of railroads, at first through generous grants of rights of way and lands to the great transcontinental railroads between 1862 and 1871, and later through the enactment of a general right of way statute.
The earliest grants offered ten square miles of Federal land for every mile of rail built. The final step in understanding a land grant is to imagine a rail line snaking across a giant checkerboard. Draw two parallel lines on each side of the railroad route, each ten miles to the left and right. Those lines become the land grant boundaries. Under the 1862 law, the Federal government gave railroads all odd-numbered sections within the boundaries.
The first major railroad land grants originated with the 1862 legislation that enabled the transcontinental railroad. At that time, the Union Pacific and Central Pacific railroads were granted 400-foot right-of-ways plus ten square miles of land for every mile of track built. Under the 1862 law, the Federal government gave railroads all odd-numbered sections within the boundaries.
The 1875 General Railroad Right of Way Act permitted railroads to obtain
a 200-foot federal right of way by running tracks across public lands.
Eminent Domain. Eminent domain is the power of a state, provincial, or national government to take private property for public use. Many railroads were given the right of eminent domain to obtain land or easements in order to build and connect rail networks.
Purchase. When land grants and eminent domain does not work, the railroads can and often do, lease or purchase lands to extend their right of way.
Size of Right of Way
Often established by state law, there is a minimum safety clearance for trains. Minnesota, for example, establishes a “...side clearance of not less than 8 feet 6 inches from the center line of the track ...”Thus, a minimum active rail corridor in Minnesota is 17 feet wide. Any land beyond that width is considered excess ROW; it could be put to its maximum productive use (HBU), which includes being rented, sold or developed.
Here is an example of a right of way track map. Notice that the railroad right of way is indicated by bold --- .. --- .. --- .. --- lines, and that private property lines are identified by similar unbolded lines. The railroad right of way is of irregular size based on terrain or other factors. This type of right of way map is often used by the legal department for tax and liability purposes.
As you can see on the map, a railroad's right of way can be of varying size based on the needs of the railroad to conduct operations. A main line right of way may be no more than a hundred feet wide. A Division point with yards, rolling stock repair, engine maintenance and servicing, etc could be hundreds of acres in size.
I have a variety of these maps for the Northern Pacific, the Great Northern, the Milwaukee Road and the Union Pacific. I will use these maps for developing my right of way standards.
Marking the Right of Way
The railroads make an effort to physically identify the right of way, both for tax purposes, safety and maintenance activities.
As a minimum, the railroad may place 'Do not Tresspass' signs where public access is possible.
Wire fencing is the next higher level of security, most usually in high population density areas or in rural areas where large animals roam (predominately cattle). Fencing materials include woven wire or barbed wire as appropriate to the locale.
Railroads will also mark industrial spur tracks where ownership changes maintenance presponsibilities.
The WWSL
Per history, the Olympic Peninsula Logging Company initially purchased their original right of way and railroad equipment from the U.S. Government. Portions of that right of way was conveyed to the WWSL. Later right of way acquisition by the WWSL is through the eminent domain/lease process.
I will create a series of right of way maps similar to the Milwaukee road Right of Way map for the NMRA Civil Engineer Achievement Program. Those right of way maps will ultimately be found at Section 4.3 Construction Diagrams
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