Right-of-way (property access)

Source: Wikipedia, the free encyclopedia.
For priority in traffic, see Traffic § Passage priority (right of way). For footpaths and bridlepaths, see Right of way. For other uses, see Right of way (disambiguation).
Right of way drawing of U.S. Route 25E for widening project, 1981
Right of way highway marker in Athens, Georgia

A right-of-way (ROW, not to be confused with "

transportation purposes, such as a highway, public footpath, rail transport, canal, as well as electrical transmission lines, oil and gas pipelines.[1] In the case of an easement, it may revert to its original owners if the facility is abandoned. In the United States, the term "right-of-way" is also used to denote the land itself, such as the strips of land along a railroad track
on which railroad companies own a right-of-way easement.

A right of way is granted or reserved over the land for

transportation purposes, usually for private access to private land and, historically for a highway, public footpath, rail transport, canal, as well as electrical transmission lines, oil and gas pipelines.[2] A right-of-way is reserved for the purposes of maintenance or expansion of existing services with the right-of-way.[further explanation needed
]

Rail right-of-way

In the United States, railroad rights-of-way (ROW or R/O/W) are generally considered private property by the respective railroad owners and by applicable state laws. Most U.S. railroads employ their own police forces, who can arrest and prosecute trespassers found on their rights-of-way. Some railroad rights-of-way include recreational rail trails.

In Canada, railroad rights-of-way are regulated by federal law.

In the

privates Act of Parliament
.

Designations of railroad right of way

See also:
Adverse abandonment
Right-of-way of the out-of-service Pacific Electric in Garden Grove, California from left middleground to right background

The various designations of railroad right of way are as follows:

  • Active track is any track that is used regularly or even only once in a while.
  • Out of service means the right of way is preserved, and the railroad retains the right to activate it. The line could be out of service for decades. Thus track or crossings that have been removed need to be replaced.
  • By an embargo the track is removed, but the right of way is preserved and usually is converted into a walking or cycling path or other such use.
  • An abandonment is a lengthy formal process by which the railroad gives up all rights to the line. In most cases the track is removed and sold for scrap and any grade crossings are redone. The line will never be active again. The right of way reverts to the adjoining property owners.

Rail rights-of-way uses other than rail transport

Julington-Durbin Peninsula Powerline Right of Way

Railroad rights-of-way need not be exclusively for railroad tracks and related equipment.

Easements are frequently given to permit the laying of communication cables (such as optical fiber) or natural gas pipelines, or to run electric power transmission
lines overhead.

Concerns about constructions of buildings around rail right-of-way

Many experts are concerned about construction of houses/buildings around rail right-of-way does not pay attention to safety aspects — the distance between rail right-of-way and houses/buildings that are too close is dangerous — rail right-of-way is a train blind spot area that must be avoided. For example, in Vietnam — Hanoi Department of Tourism ordered to close cafes and shops along Hanoi Train Street will be closed for the safety despite being a popular tourist destination for foreign tourists in Vietnam.[3]

See also

Look up right of way in Wiktionary, the free dictionary.

References

  1. ^ Henry Campbell Black: Right-of-way. In: A law dictionary containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern: and including the principal terms of international, constitutional, ecclesiastical, and commercial law, and medical jurisprudence, with a collection of legal maxims ... (West Publishing Co., 1910), pg. 1040.
  2. ^ Henry Campbell Black: Right-of-way. In: A law dictionary containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern: and including the principal terms of international, constitutional, ecclesiastical, and commercial law, and medical jurisprudence, with a collection of legal maxims ... (West Publishing Co., 1910), pg. 1040.
  3. ^ "Tours of coffee shops along Hanoi train street prohibited". Vietnamplus. 5 April 2023. Retrieved 2 May 2024.
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