Railroad crossings require a high level of safety and the railroad installation manuals should be utilized for guidance. The railroad industry falls under the jurisdiction of the Federal Department of Transportation and is subject to the Code of Federal Regulations. This is the same set of standards applied to the utility industry. A spirit of cooperation needs to be developed between the railroad industry and the utility industry. The utility industry will normally have code requirements that exceed the railroad requirements. The most stringent set of code requirements should be installed.
Eagle 1 Resources presently has over twenty (20) years of research on railroad property use issues and can assist you with installation concerns and provide guidance with the railroad crossing notification letters. A railroad right of way is not conclusive evidence of the railroads ownership of the land. If the railroad does not own the property, it may not have the right to charge crossing fees or annual rental. However, due to safety issues, the utility would have to adhere to the railroad standards and notify them of a planned crossing.
If you would like to discuss Eagle 1 Resources assisting you in this area, please contact us.
An informational CD will provide you with a step by step guide to investigate and meet with the railroad to determine the validity of any rental agreements and/or permitting requirements being billed by the railroads. This CD will also provide you with numerous government records and court case files to assist you.