Bywater_dh.doc

September 25, 2000

Steve Bywater, Deputy Attorney General
Idaho Transportation Department
Statehouse Mail
Boise, ID 83720

Re: Right-of-Way Negotiations with the Camas Prairie

Dear Steve,

Pursuant to our telephone conversation Friday, I have enclosed for your review copies of the “Schedule of Property” tables from my railroad right-of-way (ROW) maps. Each railroad ROW map is approximately 3 feet x 5 feet. There are approximately 20 maps or sheets for the entire 66 miles of Camas Prairie’s Grangeville branch. The handwritten notation on the lower right-hand corner of each page of Exhibit No. 2 corresponds to the railroad ROW sheet number.

As I mentioned, you will see that some parcels were acquired under the general Right-of-Way Act of March 3, 1875. For example, Parcel No. 3 on the first page of Exhibit 2 (Sheet No. V-7(1)) shows that the 1.56 acres was acquired under the March 3, 1875 Act. If you look in the column entitled “Date of Instrument”, you’ll see a 3-3-75 with the “grantor” being the United States. Because this parcel is considered reversionary, Camas Prairie does not own this parcel in fee.

Elsewhere on page 1 of Exhibit 2 you will note that Parcel 14 (acquired from Abel Newton) was held in the “Records of the Sec’y of the Interior.” This parcel may also be reversionary to the underlying or adjacent property owner, or possibly to the Nez Perce Tribe. Contrast this with Parcel No. 19 which is owned in fee and actually recorded in Book 66, page 456 of Nez Perce County.

The valuation of the right-of-way is discussed on pages 19-20 of the STB’s decision. On page 20 the STB accepted the State’s land value of approximately $255,000 for the approximate 660 acres that the Railroad owns in fee. Our right-of-way expert (Ed Morse) did not provide a value for property which was not marketable, i.e., not owned in fee by the railroad.

If I can answer additional questions or explain the right-of-way sheets, please contact me at 334-0312.

Sincerely yours,

Donald L. Howell, II
Deputy Attorney General

Enclosures

Vld/L:Bywater_dh
You may want to review Great Northern Railway Company v. United States, 315 U.S. 262, 62 S.Ct. 529 (1942). In Great Northern the Supreme Court found that the March 3, 1875 Act only granted railroads easements or right-of-ways and did not constitute an “in fee” grant of property.

Steve Bywater
September 25, 2000
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