QUOTE: Eminent Domain: the power of a government to take private property for public use; the 5th Amendment of the US Constitution and articles in many state constitutions allow this practice provided that just compensation is made.
QUOTE: Originally posted by kevinstheRRman OK Look at yourself, and pretend the current annum is 1850's. Your developing a Major Railroad- Now Bring yourself back- sitting in front of yourcomputer reading this- How did the developers choose/obtain the land? what did they have to pay for it? Why did they choose to vuild an RR track there instead of maybe 10 feet/ 1 mile N/S/E/W of that location? When i'm Drivivng aorund, I often notice how, RR tracks often split properties, farmers fields ETc.. why would anyone have agreed to that in the first place? I suppsoe my main Question is Why and How. Why there, and How was the land obtained? Also how can it be gauranteed the the land won't heave in 50 years causing a sudden 6% grade? The double CP tracks that ran by my old school- Were about 1 mile away from it. back in 1940- you could see the Tracks from the road attatched to the school- Now you have to climb to the roof of the school to see the tracks because hills have developed, Do trains alter the Earth they are surrounded by? I suppose those are my main questions, Don't feel you have to answer them all- if you can only answer one segemnt, go for it.
Have fun with your trains
QUOTE: Originally posted by Limitedclear Steamerfan- You have a somewhat distorted understanding of the law of eminent domain. Without getting too technical, let me give you a bit of an explanation. Eminent domain is the power of the government (not the railroad) to take propertry for public purposes. In the United States, this power of the government is regulated by the 5th and 14th Amendments to the U.S. Constitution which prohibit the taking of private property without just compensation and due process of law.
QUOTE: And be it further enacted, That the Union Pacific Railroad Company, and all other companies provided for in this act and the act to which this is an amendment, be, and hereby are, {Regulates the taking of private property for right of way.} empowered to enter upon, purchase, take, and bold any lands or premises that may be necessary and proper for the construction and working of said road, not exceeding in width one hundred feet on each side of its centre line, unless a greater width be required for the purpose of excavation or embankment; and also my lands or premises that may be necessary and proper for turnouts standing places for cars, depots, station house[s], or any other structures required in the construction and operating of said road. And each of said companies shall have the right to cut and remove trees and other materials that might by falling encumber its road-bed, though standing or being more than one hundred feet therefrom. And in case the owner or claimant of such lands or premises and such company cannot agree as to the damages, the amount shall be determined by the appraisal of three disinterested commissioners, who may be appointed upon application by any party to any judge of a court of record in any of the territories in which the lands or premises to be taken lie; and said commissioners, in their assessments of damages, shall appraise such premises at what would have been the value thereof if the road had not been built; and upon return into court of such ap praisement, and upon the payment to the clerk thereof of the amount so awarded by the commissioners for the use and benefit of the owner thereof, said premises shall be deemed to be taken by said company, which shall thereby acquire full title to the same for the purposes aforesaid. ...
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...
QUOTE: Originally posted by kevinstheRRman OK Look at yourself, and pretend the current annum is 1850's. Your developing a Major Railroad- Now Bring yourself back- sitting in front of yourcomputer reading this- How did the developers choose/obtain the land? what did they have to pay for it? They had surveyors out surveying the land to develope the best path, most of the time. They got the land by purchasing it or an easement through the property. Some got the property through eminent domain, or through land grants from teh government. Why did they choose to vuild an RR track there instead of maybe 10 feet/ 1 mile N/S/E/W of that location? 1. Could be another RR already had the other route. Politcal decisions. Many early railroads would built to where cities/towns were willing to put up money through subscription to stock or wiling to give the RR's property. 2. Grade and other topographical considerations When i'm Drivivng aorund, I often notice how, RR tracks often split properties, farmers fields ETc.. why would anyone have agreed to that in the first place? Money. Or the farmer may have purchased property on each side of the ROW. I suppsoe my main Question is Why and How. Why there, and How was the land obtained? Also how can it be gauranteed the the land won't heave in 50 years causing a sudden 6% grade? You can't. All they can do is do soil testing to determine the conditions. Way back when, they usually just did a best guess. The double CP tracks that ran by my old school- Were about 1 mile away from it. back in 1940- you could see the Tracks from the road attatched to the school- Now you have to climb to the roof of the school to see the tracks because hills have developed, Do trains alter the Earth they are surrounded by? I suppose those are my main questions, Don't feel you have to answer them all- if you can only answer one segemnt, go for it.
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