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CSX rermoved farm railroad crossing

R

randy hall

Member
CSX removes farm crossing won't put it back unless paid $7000. this is happening on all their tracks i find out after googling CXS private farm crossiong. what a crock of you know what. now i farm a 42 acre field that i'll need a helicopter to get into. any answers from anyone?
 
About five years ago, a similar thing happened to my neighbor on the private road to his small farm where he lives. The crossing was replaced with ballast only, which requires constant maintenance. It appears to be standard operating procedure these days.

Dean
 
Contact CSX directly. The more the better. Here's a link to CSX under the catagory "property rights-other". Squeeky wheel and all that.
http://csx.com/index.cfm/about-csx/contact-us/tellcsx/?ci=4&ii=17
 
Clearly they are doing this to save money, as we all are trying to do these days.

Now, the rail runs through your property on a "right of way" and there was some sort of legal agreement drawn up to establish that right of way. There should be a stipulation in that agreement that states CSX must maintain a private crossing for access to any property blocked off by the railroad.

Find the agreement, read it, maybe even take it to a lawyer. See what you are entitled to per that agreement.

Your congressman has no business poking his nose into this issue. His purpose is to set policies for the good of everyone, not to allow himself to be manipulated by the wheel that squeaks the loudest.
 
Grew up very close to a mainline. Trust me when I say that while they attempt to "save" in some places, they still waste a lot in others.
 
I've had a$$holes like you do that to me. Yes it is scary but I'm not the guy who you have a beef with. I'm just out there trying to make a living. It is dangerous enough without bozos leaving crap on the tracks.
 
I agree with call your congresman. If they are trying something illegal like this then the goverment needs to step in and make them do what is correct. First one and then anouther and before long it will be your publick road and may even be made with houses blocked that way.
 
Ken I hate the heavily govt subsided trains.And yes it is you we have the beef with you are a RR representative.You as a train driver have a horrible safety record(not you your occupation) you cant or wont stop you block crossings for hours with no thought of the cost to others.If trains had to live by the same safety standards as trucks they would be out of business
 
So, I take it, you advocate terrorism or murder?
Which is what he would be doing if he purposely left a tractor on the crossing and someone were killed.
 
Isn't it amazing that people show up out of the blue to post comments like Ken's as new users........they must be clairvoyant or something......or regular users who lack the guts to post things like that under thier own nicks....


That being said putting something on the tracks that are a danger to a crew who has nothing to do with decisions like removing a crossing. An act that can also derail a train leading to chemical spills isn't the act of a smart person and can lead to law suits and or criminal charges to include manslaughter.


Call the RR headquarters and if that fails tyr a lawyer.

Rick
 
You could hire an attorney and take them to court. You might get the crossing replaced. On the other hand, it's just as likely you'll burn through 7 grand in legal fees and still not have a crossing. CSX has deep pockets and would have no problem spending 100K fighting a case whose precedence could save them millions of dollars.

Is the crossing worth $7000 to you? Do you have any alternatives? 7K isn't much if they promise to maintain the crossing in perpetuity. If you don't have anything in writing guaranteeing that they would maintain your crossing, your case is weak.
 
JD Driver, do you have some stats to back up your claim that trains and their operators are "unsafe". I'm pretty sure that if you make your comparison based on tons of freight moved (which is the only measurement that counts), trains are orders of magnitude safer than trucks.
 
Leave an old junk tractor on the crossing? Seriously? I guess that would work if you want to spend the rest of your life in prison!
 
Believe it or not At 2:00 A.M. young crew with 7000' of grain loads that blocked that rarely used, poorly marked crossing didn't do it on purpose. Agreed, I worked them trains 5 years there are A-holes that don't care. American freight rail is the LEAST subsidized transporataion industry in this country. They have one of the best safety records per ton mile.
Your rattling about subsidies turns a blind eye to the trucking industry using PUBLIC infrastucture while the VAST majority or rail is privately owned and maintained. There is a broad consensus by civil enginners in this country that in regard to road damage that it takes 6000-10000 cars to equal the damage done to a road surface by ONE legally loaded truck. Is truck registration cost and fuel tax covering that? Nope,NOT EVEN CLOSE! Now, I'm not railing on the trucking industry one bit I'm stating a fact. How about the Army Corp maintaining locks, dams, and channels on the Mississippi. You think shippers pay the true cost of that? I'm all for the little guy and don't like anyone getting pushed around like this fella mentioned regarding his private crossing. Having been a BNSF trainmen for 5 years I can say the general ignorance of the public twards rail is considerable. Oh and your comment about "can't or won't stop" is foolish. Exactly how fast do you want me to stop 10,000 tons of your grain, 17,000 tons of coal that powers your home, or 20000 tons of Minnesota Taconite building those tractors?
 
Bingo!

CSX is well known for throwing money at corporate attorneys to delay such issues until the other party throws in the towell.

Dean
 
"There should be a stipulation in that agreement that states CSX must maintain a private crossing for access to any property blocked off by the railroad."

Probably not.

Dean
 
Spoken by one who truely understands the situation, Tom.

It is truely remarkable that US railroads can compete with trucks and river traffic, given their disadvantages due to government policies.

Dean
 
I"ll add this to the uninformed that "Think" the
railroads are subsidised. They haven"t been since
the 1800"s when railroads were granted land as
subsidy, for opening access to our continent.
Today..EVERY INCH of railroad is TAXED, by States
townships, villages, cities throughout the land.
If you don"t believe me, just check the property
tax records wherever railroads operate. ALSO...
Railroads pay state sales tax whenever they
purchase a locomotive..and today"s locomotives
cost around 2 million each..how much tax is that
at 5, 6, or 7% ?....LOTS ! !
 
What kept us from having trouble for a ditch right of way which crossed the railroad was that the ranch was there before the railroad. It was not continuously owned by the same family.
 
Can't find hate in may statement anywhere! I'm all for the trains and the trucks, I was simply illistrating the fact that subsidies exist almost everywhere in this country and because the earlier contributer mentioned Rail and Trucking why not make an honest comparison rather then a off the wall statment regarding subsidies, safety and such. Should trucks pay more? Absolutly not! Am I against trucks NOT!
 
> How about the Army Corp maintaining locks, dams, and channels on the Mississippi.

How about if they actually would???? Kind of a joke, there.


So, the problem is some company took out a road a person uses, what does it have to do with rivers and truckers?

Anyone in the railroad industry actually want to comment on the _issue_ that was brought up, your silence on the corssing being taken out appears to be condoning the RR squashing the little guy?

I don't really care for that, the points above about the RR saving money by hiring lawyers instead of doing the right thing doesn't help _any_ of you in the RR business. The silence from you on the issue raised is coming through loudly. Not really a warm fuzzy feeling for you...

--->Paul
 
we don't own this farm but we have farmed it for over thirty years. it is a good sized farm and actually had two crossings when we first started farming the place. the people that own it aren't interested in paying the railroad a ransom for something that the railroad should do.
 
Since you rent the land it is your landlord's problem and his responsibility to provide you (or any other renter) access to farm the land if he wants his rent money.

You probably want to continue to farm the land. How have you handled expensive long term improvements to that land in the past? Did the landlord pay for them or did you pay and then deduct the costs from the rent?

There is probably something in the state's laws that gives your landlord (not you) a right to negotiate crossing an ajoining neighbor's property to access land that has no access from any roads. The fact that your landlord rejected simply paying a relatively small price for a farm crossing complictes that negotiation, especially if the neighbors already paid for their own farm crossings.

Take the problem back to your landlord for him to solve and insist on written directions how to access the land with large equipment before you spend any of your own money on improvements, lawyers or rent.

Odds are good that your landlord will decide to go head and pay for a permanent farm crossing.

Good luck.
 
You've got it, Dean. When I worked for Farm Credit, a guy was getting a loan to buy a farm. Only access was a private RR crossing. Our underwriters wanted us to get something from the RR assuring the continued use of the crossing. I called the RR, they said they'd look into it. This went on for a couple months. Finally the RR guy said "To be honest with you, and I'll deny I ever said it, we'll just never get around to granting your request. We can outwait pretty much anybody." I managed to get the bank to waive the requirement.

The rest. . . of the story- 2 years later, RR abandoned the line, gave it to the State Parks Dept, and it became a "Rails to Trails". So crossing was a moot point (the state recognizes all private crossings on Rails to Trails).
 
I think railroads are controlled by Federal regulations and not States but am not sure.

I don't know how active your Congressman is in matters like this but I would carefully document the problem, Email it in and give his/her a call a couple of days later and ask for a Case Worker. These people are responsible for resolving issues of this matter.

My Congressman's office would either do something or redirect you to the correct party.

Hope this helps.
 
(quoted from post at 04:53:31 04/07/12) CSX removes farm crossing won't put it back unless paid $7000. this is happening on all their tracks i find out after googling CXS private farm crossiong. what a crock of you know what. now i farm a 42 acre field that i'll need a helicopter to get into. any answers from anyone?
Click to expand...
et in contact with the US DOT, and explain the situation to them they should be able to tell you if you have a leg to stand on or if you are SOL.
 
How are the tracks there? Do they own the right of way fee simple or do they have an easement? Could be either way, if by an easement search the property title for the terms of the easement, you might be surprised what you find. Neighbors back home had a farm that had been in their family for quite a few years, when railroad went across it they owned the farm when and negotiated the right of way with the RR. The railroad had to maintain a crossing to the 40 acres the tracks land locked AND there was a reversion/no sale clause meaning they couldn't sell the ROW for another use AND if they stopped the using the ROW it reverted back to the landowner. Sure messed up the state's plan to make the line into a trail when the railroad pulled out. And I don't have any faith in the railroad following the law or even acting ethical. As a commuter student at Michigan State University I got stuck on the wrong side of the tracks and missed a few of those expensive classes I paid for when they decided to beach a train on campus for 3 or 4 hours isolating our commuter parking lot form campus. As a customer I really resented having to kiss their backsides to get my cars delivered and pulled, seems CSX wanted an engraved invitation and a week's notice to do anything.
 
Mr. Hall if you could give me your location, and the mile post of the crossing (should be on the in case of emergency sign) I might be able to get you in touch with some one that can help you. There are a lot of different variables that play into this. My email is [email protected]
 
In the mid 1980s my dad found that the only access (pirvate crossing)to our wheat field --C&O RR-- was removed. a phone call confirmed it was not going to be replaced (though it had been mowed and maintained). we drove our combine (IH SP125) up to the edge of the crossing, just clearing the trains, and told them it was going across the tracks on Tuesday. The crossing was replaced the next day. It was eventually removed when different access was provided, but action was taken.
It might be illegal to remove property access on a easement crossing. Best of luck, Jim
 
yes I do want you to stop!!!!!!!!!!And ya the entire railroad industry is HEAVILY subsidized and have a horrible saftey record!And ya the crossing they block here for hours are used by about 9000 vehicles a day.If it wasnt for tax dollar infusion the RR industry would be gone.One train engine pollutes more than 17 trucks running 24/7.The rail road sucks to be nieghbors with.Course if I worked for the RR I would defend them also just to keep my big pension.The RR industry is as corrupt as they can get.
 
One Hundred Percent correct. Not only that, but the taconite mines in Northern Minn. are taxed at TWO DOLLARS AND TWENTY FIVE CENTS PER TON.
One Hundred eighty cars per train and eighty eight tons per car...= subsidy??? get real.
 
Watch now. She's starting to get emotional. The tears will start to flow and then she will win the argument. Failing that she will start to scream.
That ought to do it.
Facts shouldn't matter
 
I have been posting on this site starting fifteen years ago. I have always been forthcoming about what I think. I stopped for the most part in 2004 because of the personal attacks during the Presidential election... some people would not argue facts. That and the scandal of the
Essex Tri Directional tractor caused me to shut up for a while. Besides, I was busy building a garage in which to live.
 
I believe the all knowing Government has told the RR they must close X amount of crossings. Yours is an easy one to close. Call your Congressman,he or she is up for re-election in November.
 
it would be great to be able to talk to someone with some answers. i know talking to any bobbing head bought out be the lobbyist congressman won't help. the factory that i work at locked it's doors three days after christmas in 2002 and the warren act says you can't do that. but i lost about $4000 in unpaid vaction and after the closure we found out that we were paying health insurance premiums with no insurance. somebody should have went to jail on that one.
 
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