Re: Team tracks that look like private sidings?


Dennis Storzek <destorzek@...>
 

--- In STMFC@..., "Jack Burgess" <jack@...> wrote:

...It seems strange that
the CRC would consider a case when "private" could/should be easily
determined by land ownership. On the other hand, as you state, they
didn't
rule on tariffs being charged on the basis of private vs. railroad-owner
trackage.

Jack Burgess
www.yosemitevalleyrr.com
Jack,

If you reread the message carefully, you'll see that the two sidings
in question were railroad owned, but were built to server private
loading docks. I would assume the situation was the track was on the
edge of railroad property (or in the street, built under the authority
of the railroad's franchise) while the loading dock was on private
property, the property line being between the tie ends and the dock.
The WP wanted these ruled to be private, as their purpose was the same
as a private siding; the SP claimed that they were part of their
terminal facilities, as they could, and did, occasionally use them for
other purposes.

The commission ruled for the SP, which was entirely consistent with
the ownership of the track.

Dennis

Join main@RealSTMFC.groups.io to automatically receive all group messages.