I own about six acres which has a railroad behind it that has not been used in over ten years. Once the coal company stopped using the railroad they stopped maintenance. Within two years my property started flooding from the grown up and over filled ditch that became full of young trees and debris. At this point I spent about six thousand dollars to have drainage lines placed on my property to eliminate the run off. Additionally for the past ten years I have kept the young trees and weeds cut and sprayed so that the tracks will be grown up creating an eye sore and a snake habitat. Moreover, last year the hillside behind the railroad started to slip directly behind my home. At this point I can no longer even park my cars in the driveway due to random falling rocks. I have contacted the company several times about looking at the slide but they never return my calls. I remember back in college in a real estate law class that Kentucky has a squatter’s right law, and some additional laws about abandon property and land that you maintain. Does anyone know anything about these laws? I would like to know something before I pay a lawyer. I simply want the land so I can clean it up, save my home from destruction and increase my property value. Thanks for any and all advice.
Answers & Comments
Consideration of railroad right of ways, easements, and property rights have traditionally been strongly biased in favor of the railroads - sincwe railroads have been traversing the country. This is/was partially due to the subjective value of them being a primary force behind the opening up of the country and partially due to the huge financial resources backing them. Political power has been very strong.
Lately there have been some changes in attitude/rulings about those powers and you might actually have a chance - but I would guess that it still won't be a walk in the park. Keep in mind the phrase "emminent/imminent domain" also.
See link below for some recent judgements going against the railroads in situations similar to yours . . . and good luck.
You won't get the property based on squatters rights and if it is truly abandoned then there would be back taxes owing on it and you may be able to buy it from the county. I would hire a real estate attorney who can do some research on the property and if nothing else can locate the owners so you can sue them for damages to your property caused by their negligence.
Railroads have a different set of laws and regulations and are generally overseen by the Department of Transportation.
BUT.. that does not exempt them from being responsible for the property.
You are not going to own it, but you can address the damage their neglect causes. For that you will at least need to consult with a lawyer and listen to your options based both on state AND federal laws.
good luck