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The 416 Fire The U.S. Forest Service vs. The Durango & SilvertonNGRR

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Posted by Flintlock76 on Monday, September 14, 2020 8:30 PM

selector
Yet, each year, the local paper reports of Bill Such 'n Such fined $40K for 'improvements' to their property, while the next year same property sells for $400K more than its last listing.

I guess Bill Such 'n Such figured that $40,000 fine was just part of the cost of doing business.  

What's a five figure fine compared to a six figure profit?   Wink

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Posted by selector on Monday, September 14, 2020 7:34 PM

I agree with Larry that, when all the beans are lined up, the railroad is very teensy spuds.  And distant, and not universally approved of.  Smoke, fires, creosoted timbers....egads!!

I do tend to see this more from the forestry's point of view.  What happens on private property has to be consonant with local, state, and federal laws in terms of land use, mitigation, environmental protection, and waters management.  For example, here on Vancouver Island, there are scads of waterfront properties.  Their value rises by many tens of thou if the view is stupendous.  But, one must not cut trees on the littoral unless one has an environmental assessment first, AND approval from Fisheries and Oceans (so many local streams have salmon runs annually).  Yet, each year, the local paper reports of Bill Such 'n Such fined $40K for 'improvements' to their property, while the next year same property sells for $400K more than its last listing.

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Posted by tree68 on Monday, September 14, 2020 7:07 PM

I suspect that the lack of public interest, if you will, is because a lot of people just don't know or care (there's a railroad there?), combined with those who would just love to see the railroad gone because it's a blemish on the landscape.

LarryWhistling
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Posted by Euclid on Monday, September 14, 2020 6:18 PM

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Posted by BaltACD on Monday, September 14, 2020 5:57 PM

Get the feeling that this will devolve into an Adirondack Scenic Railroad situation of the trail interests and the let it rot interests; with the Forest Service thrown in the create more obfuscation.

Never too old to have a happy childhood!

              

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Posted by Flintlock76 on Monday, September 14, 2020 5:18 PM

Yes, isn't that a "bone of contention" right now?  Ostensibly the D&S and it's right-of-way and structures pertaining to the same are under the jurisdiction of the FRA and the USFS has no business telling the railroad what they can or can't do with their own property.  At least that's how I understand it.  Maybe I understand wrong. 

At any rate there's no "dueling agencys," FRA versus USFS, in play right now, at least not that I'm aware of.

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Posted by Euclid on Monday, September 14, 2020 5:06 PM

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Posted by Flintlock76 on Monday, September 14, 2020 4:32 PM

I haven't read the linked documents yet, but why is there no interest in the mainline media or any other news outlets concerning this?  They don't care. As far as they're concerned  Durango may as well be on the dark side of the Moon.

The railfans and railfan press certainly cares, and I'm sure the local press in Durango cares, maybe even in the rest of Colorado as well, but that's all brother.  

I'll light those liks up for you Sam, it'll make it easier for all.

https://www.courthousenews.com/wp-content/uploads/2019/09/USvDurangoSilvertonRR-mtd.pdf   

https://riveroflostsouls.com/2018/06/05/the-416-fire-and-memories-of-2002-and-1879/  

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The 416 Fire The U.S. Forest Service vs. The Durango & SilvertonNGRR
Posted by samfp1943 on Monday, September 14, 2020 4:06 PM

THis case has been simmering since it happened in June of 2018.  In the case, there has been a Federal Judge who issued a Stop Work Order on the ROW brush mitigation work by the D&S RR. And apparently, a second Stop Work order was also issued for bridge repairs due to flooding in the affected area of the ROW, at the request of the USFS.  

There has also been a 'filing' on behalf of the Defendants in the case {D&SRR and American Heritige Rwys- a Fla Corp.].  [It is a PDF that comprises about 14 pages.]

See linked @ https://www.courthousenews.com/wp-content/uploads/2019/09/USvDurangoSilvertonRR-mtd.pdf

It is interesting, that in the Introduction and Background section there is an allusion that the plaintiffs knew of the drought conditions that existed in June of 2018 and 'essentially, allowed the railroad ro continue to operate'.

Then while searching and reading I found a linked site, from a local in the Siverton area that makes the case for similar conditions of the 2018 [416 Fire] and the Missionary Ridge Fire of 2002, as well as the 1879 fire [Lime Creek Burn?]  Which seems to bring into context the history of fires in the area of the SW part of Colorado.  Just my 2 cents.

See linked @  https://riveroflostsouls.com/2018/06/05/the-416-fire-and-memories-of-2002-and-1879/

Another issue underlaying this whole situation of "...My lawyer can whip your lawyer, thingy..."   are the 'politics'; it seems we just cannot eacape that this year.

My main reason for bringing this up is there has seemingly been little to no movement in magazine stories, or shudder, media?  I think this would be a subject of interest on this Forum???

 

 

 

 


 

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