Who owns the railroads?

Answer 1

When the railroads were first laid out in the 1800s the lines ran over both private land (farms, ranches, businesses in towns, homeowners, etc.) and government land. When railroads were first constructed there were different ways by which the railroad acquired their rights in the land: by deed in fee, by grant of easement, by eminent domain takings and by congressional grants.

It requires extensive research to determine who owns an old railroad right of way. This is a contentious topic right now in the United States where states are acquiring old railroad corridors to construct bike and hiking trails for public use. Ownership is in question and some states have passed laws to transfer title to those old railroad corridors to the state.

Some general possibilities:

• If the right of way was acquired by deed the railroad owns the land and may have the right to sell it when the ROW is no longer in use.
• If grants of easement rights to construct the ROW were acquired from the abutters then the land may revert to those abutters when the ROW is discontinued.
• If the land was taken by eminent domain for the layout of the railroad then the land may revert to the abutters when the ROW is discontinued.
• In Massachusetts the state has the right of first refusal when railroad land is conveyed in fee.

Answer 2

Are you referring to the actual corporations or the railroad rights of way (layouts) upon which the tracks are constructed?