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Well it seems CSX was pushing their weight around and they were caught. HAHAHA http://www.timesnews.net/article.dna?_StoryID=3234020 ...and possibly buy safety equipment to keep crossings open....So they know safety equipment is missing. The property owners should go back now and demand crossing gates be put in since it's up to the railroad. CSX official, landowners optimistic after talks Friday, June 13, 2003 By Kevin Castle Times-News FEATURED AD -------------------------------------------------------------------------------- THE HEAT IS RISING BUT PRICES ARE DROPPING! [ view full ad ] -------------------------------------------------------------------------------- DUNGANNON - A group of Dungannon residents was planning a rally this weekend to show opposition to CSX Transportation's planned closure of private rail crossings. The rally is off. Possible legal action against CSX has also been put on hold following negotiations between the company and landowners earlier this week. Dungannon resident Danny Mann and CSX Vice President Robert Shinn both voiced optimism Thursday as a result of a meeting between the parties involved in a nearly monthlong debate over company and landowners' rights. "I certainly feel a little more positive about things after we sat down with Mr. Shinn on Tuesday,'' said Mann. "Although he acknowledged that the deed language (in our deed) states the railroad is responsible for the crossing, we are still looking for something in writing.'' Shinn viewed the meeting and the entire trip to Scott County earlier this week as "positive" and said he believes a resolution that will please all parties involved is soon to follow. "Going out there and seeing the crossings and talking face to face with individuals and hearing their concerns was educational and positive,'' said Shinn. "I think we did largely resolve the outstanding concerns of the residents. We are not going to remove, permanently, the crossings that people are using for their residences and farms that are in active use as a result of the upcoming maintenance," Shinn added. "If there are any redundant or unnecessary crossings - for example if there is a farmer has two crossings who could just use one, we think that is something that could be addressed in a reasonable and cooperative manner.'' CSX decided to address private rail crossing issues in Scott County and other localities as part of a 10-day "maintenance blitz" that is scheduled for the end of this month. Previous stipulations issued by the company stated land owners would have to pay a $150 annual license fee, provide liability insurance, and possibly buy safety equipment to keep crossings open, but Shinn said CSX has backed away from those demands. Government officials, including U.S. Rep. Rick Boucher, U.S. Sen. George Allen and Delegate Terry Kilgore, have also become involved in the process, asking the company to reconsider its stringent requirements. "We intend to work with property owners on an individual basis. In the meantime, we would advise property owners to do nothing unless contacted by CSX,'' said Shinn. "If they would like to proactively obtain rights to the crossing, we would sit down and discuss that. But we are also looking at deed language and the wagonway statute in some situations, which may help some property owners,'' he said. The wagonway statute was originally developed and passed into Virginia law in the 1800s to provide landowners access to their land despite having a rail crossing that traverses their property. The statute guarantees an owner property access if their farm or dwelling is on either side of a crossing, according to Scott County Attorney Dean Foster. "In a situation where a deed stipulates railroad responsibility, we will try to issue a letter to them following this maintenance blitz to signify their crossing rights,'' Shinn said. "This is an issue that may have conversations between (CSX) and the landowners taking place in a couple of weeks or a couple of months," he added. "We are still unsure how many people we will have to contact at this point. We are still researching this issue, and we will hopefully come to a resolution that is suitable for both parties.'' Mann noted that a previously advertised rally against CSX scheduled for Saturday has been canceled since the company has made "a conscious effort'' to try and settle some issues. He also told his legal counsel, Pennington Gap attorney Ronnie Montgomery, to not follow through with litigation that would have an injunction filed against CSX in Scott County Circuit Court. "We are in a wait-and-see mode right now,'' said Mann. - Kevin Castle § 56-16. Wagonways to be constructed across roads, railroads, canals, and other works; enforcement. For the purpose of this section, "wagonway" means a vehicular crossing adequate to permit the passage of machinery and vehicles used for agricultural or forestal purposes, including but not limited to the transportation of agricultural and forestal products to markets. Every public service corporation whose road, railroad, canal, or works passes through the lands of any person in this Commonwealth shall provide and maintain proper and suitable wagonways across such road, railroad, canal, or other works, from one part of such land to the other, and shall keep such wagonways in good repair. Such wagonways shall be constructed and maintained on the request of the landowner, in writing, by certified mail, made to the registered agent for the corporation owning such road, railroad, canal, or other works at that point, and shall designate the points at which the wagonways are desired. If the company fails or refuses for ninety days after such request to construct and maintain wagonways of a convenient and proper character at the places designated, then the owner may apply to the circuit court of the county or city wherein such land is located for the appointment of three disinterested persons whose lands do not abut on such road, railroad, canal, or other works, who shall constitute a board of commissioners whose duty it shall be to go upon the land and determine whether the requested wagonways should be constructed and maintained. Any delay in construction or maintenance caused by inclement weather, war, strikes, acts of God, national emergencies, or failure of any local, state, or federal government agencies to grant permits shall extend the aforesaid period. The decision of such board shall be in writing and, if favorable to the landowner, shall set forth the points at which the wagonways should be constructed and maintained, giving also a description of what should be done by the company to make and maintain a suitable and convenient wagonway. The decision of the board of commissioners shall be returned to, and filed in, the clerk's office of such court, and when called up at the next or any succeeding term of such court, it shall be confirmed, unless good cause is shown against it by the company. Either party shall have the right of appeal to the Supreme Court from the judgment of the court. If the company fails, within a reasonable time fixed by the court at the time of the confirmation of a report favorable to the landowner, to make and maintain the wagonways therein referred to, it shall pay the landowner fifty dollars for each day of such failure, which may be recovered on motion by the landowner against the company, in the circuit court of the county or city wherein such land is located having jurisdiction to try the same. The commissioners shall each receive for their services the sum of fifty dollars per day, to be taxed as a part of the costs of the proceeding. Once the right to such wagonway has been established, should the railroad change the grade of any portion of the tracks across which such wagonway passes, it shall be the duty of the railroad to make whatever reasonable modifications of the wagonway are necessary within the railroad right-of-way to permit the passage of the aforesaid machinery and vehicles. (Code 1919, § 3883; 1994, c. 352.)
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