"Willful, conscious, and knowing throughout the trespass period"
https://www.kuow.org/stories/bnsf-ordered-to-pay-395-million-after-years-of-trespassing-on-swinomish-land
The only reason they did it is because they thought they could get away with it. What they should have done is paid for the easement instead of taking the cheap way out earlier of only paying $125k.
That will take BNSF's 2024 Net Income down 8%-10%.
What they should have done is paid for the easement instead of taking the cheap way out earlier of only paying $125k.
Having negotiated many times for railroad ROW I suggest we not make judgments. Unless you were " at the table" you cannot know what was offered or requested.
kgbw49That will take BNSF's 2024 Net Income down 8%-10%.
Big daddy is buying a large chunk of a Oil Company now (OXY), so they might not worry about that. I got there before he did so hopefully, I can get some of that money.
This is deplorable and dismaying. I always thought BNSF was a better company than to do this.
Someone, some time, put his signature on this project; I doubt he'll be made publicly accountable, but he ought to be.
As a white guy, I cringe whenever I read about some of us ripping off the Indians-- again.
diningcarHaving negotiated many times for railroad ROW I suggest we not make judgments. Unless you were " at the table" you cannot know what was offered or requested.
There is a legal brief above, did you read through it? It's pretty clear and the railroad is not disputing the content, that I can see.
CMStPnP
I was talking about the original negotiations when the ROW was created.
There is a very good thread about this over on RyPN.
The refineries in question were originally intended to be supplied by ship, and the products shipped by pipeline. The thing that was to be sent via rail was petcoke, hence the 25 car arrangement.
With the advent of undegassed Bakken-style crude, which "had" to be shipped by rail, the railroad needed additional trainload rights. Does not appear they dealt fairly in obtaining them.
The concern was likely much more about 'Blast Zone' than spillage of light crude in a derailment. As noted, the "spill" being mentioned now involved locomotive fuel, not crude oil from a tank car, and it is disingenuous at best to see this conflated in "news" coverage. The real 'problem' for the tribe was addressed when mandatory degassing of the Boom Crude came in (I believe on Sarah's watch), in other words when the whole Blast Zone story suddenly collapsed and disappeared.
diningcarCMStPnP I was talking about the original negotiations when the ROW was created.
BNSF is obligated to KNOW the requirements of the Original Agreement. In knowing the limits of the Original Agreement, it became their responsibility to negotiate an addendum to that agreement when it became OBVIOUS that they would have more traffic than the Original Agreement provided for.
Never too old to have a happy childhood!
NKP guy As a white guy, I cringe whenever I read about some of us ripping off the Indians-- again.
Sigh
An "expensive model collector"
n012944 NKP guy As a white guy, I cringe whenever I read about some of us ripping off the Indians-- again. Sigh
Yeah, who calls them injuns anymore?
selector n012944 NKP guy As a white guy, I cringe whenever I read about some of us ripping off the Indians-- again. Sigh Yeah, who calls them injuns anymore?
Thought in your neck of the woods, they were term 'First Nations'.
The reality, in railroad parlance, 'the Natives are the prior rights possessors of the land'.
Ahh, "manifest destiny..."
Larry Resident Microferroequinologist (at least at my house) Everyone goes home; Safety begins with you My Opinion. Standard Disclaimers Apply. No Expiration Date Come ride the rails with me! There's one thing about humility - the moment you think you've got it, you've lost it...
Curfew manifest destiny?
Well since the CEO of BNSF is a woman, it wasn't "some of us", like the OP implied.
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