KJELL.docx

January 27, 1998
HAND DELIVERED
The Honorable Paul Kjellander
Idaho House of Representatives
Statehouse
Boise, ID 83720
RE: Your Inquiry Regarding Railroad Abandonments
Dear Representative Kjellander:
Yesterday you asked on behalf of a constituent what happens to a railroad right-of-way when the railroad line is abandoned.  This letter answers your inquiry.
The abandonment of railroad lines is governed by federal law and subject to the approval of the Surface Transportation Board (STB).  The STB is an administrative unit of the U.S. Department of Transportation and regulates railroad rates and abandonments.  The Idaho Public Utilities Commission is the state agency that participates in abandonment proceedings to protect Idaho’s interests.  
Turning to your specific question, you asked what happens to the railroad right-of-way when the line is abandoned.  The answer to the question depends upon how the railroad originally acquired the right-of-way property.  Railroads traditionally acquire right-of-way in one of three ways: (1) through “grants” of land provided by either the federal government or state government; (2) by obtaining an “easement” across either public or private lands; or (3) through the outright purchase of land.  Once abandoned, right-of-way acquired by either of the first two methods will normally revert to the underlying or adjacent property owner.  These lands are referred to as reversionary property.  Under the third method, the railroad will continue to own that property which it purchased, i.e., non-reversionary.
If the reversionary property (the railline) serves as the boundary between two privately-owned parcels, then the right-of-way is normally divided between the adjacent landowners with the center line of the right-of-way becoming the new property boundary.  Of course, if the land on either side of a railroad right-of-way is under continuous ownership, then that “underlying” landowner is normally entitled to all of the revisionary right-of-way.
One note of caution—abandonment of a railroad line does not always result in reversion of the underlying property.  Sometimes reversionary land can be preserved or used for other public uses such as public highways, utility easements, fish & game access, etc.  In addition, the federal Rails-to-Trails program also authorizes a public entity to use the abandoned right-of-way as a trail thereby preserving the railroad corridor for future use in the event that the railline was ever rebuilt.
If you have further questions or if I may be of additional assistance, please contact me at 334-0312.
Sincerely yours,
Donald L.  Howell, II
Deputy Attorney General
DLH/vld:L:kjell.dh
cc:Commissioners
Ron Law
Tonya Clark
Freeman Duncan, OAG
Terry Coffin, OAG
THE HONORABLE PAUL KJELLANDER
IDAHO HOUSE OF REPRESENTATIVES
STATEHOUSE
BOISE, ID 83720