WHO OWNS THE RIGHTS TO RAILROAD RIGHTS-OF-WAY?

[...]UP and SFPP entered into a series of agreements that granted SFPP a perpetual easement in exchange for fair market rent. [...]the remaining Congress was free to act and facilitate the development of the transcontinental railroad without dissent from those southern opponents.8 Congressional poli...

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Veröffentlicht in:Journal of transportation law, logistics, and policy logistics, and policy, 2019-01, Vol.86 (1), p.44-61
1. Verfasser: Little, Kristine
Format: Artikel
Sprache:eng
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Zusammenfassung:[...]UP and SFPP entered into a series of agreements that granted SFPP a perpetual easement in exchange for fair market rent. [...]the remaining Congress was free to act and facilitate the development of the transcontinental railroad without dissent from those southern opponents.8 Congressional policy on railroad grants began to shift, however, after 1871.9 Despite the checkerboard land grants reaching their peak in the 1860s, public sentiment towards granting the railroads large land grants began to sour. Western settlers, initially the biggest supporters of the transcontinental railroad, began to complain that the railroads were too slow in selling unused land to farmers and settlers, hindering settlers' ability to "homestead" or purchase government lands. [...]Congress changed its policy in favor of homesteaders.10 Subsequently, after 1871, grants of public land to railroads were discontinued. [...]Congress passed a number of special Acts granting the designated railroads the "right of way" through the public lands of the US without the accompanying land subsidy.
ISSN:1078-5906