QUOTE: Originally posted by greyhounds[That's like the combine and the trucks. The farmer has to "balance his/her line". He/she has to coordinate the trucks with the combine. If the farmer has to truck his grain farther to the elevator so be it. The farmer needs to hire more trucks. There is no reason that a 105K truck can't go into a field. It's a matter of ground pressure, and that can be solved by putting more axles under the truck.
QUOTE: Originally posted by greyhounds Yes, but. The grain isn't originating at a country elevator. It's originating in a farm field. I remember watching a Wisconsin farmer harvest his corn. It was dark and the John Deere combine just went back and forth, it's headlights showing the way through the corn field. The hopper on the combine would get full, then he'd ( or she'd, I don't know which gender was driving) unload into a semi in the field. Semi's can go into farm fields where the freight originates. Trains can't. When the semi got full, it drove off. Now once you've got the grain in a truck, does it make sense to take it to a small country elevator, then transfer it to that elevator, hold it there, then transfer it to smaller rail cars for shortline movement, then transfer it again to a larger elevator, hold it there, then transfer it to a main line shuttle train? Or do you just drive the truck to the large elevator in the first place? It will depend on the specific situation, but if I had to bet ( and I do bet on things ), I'd bet that it will be generally more efficient to just drive the truck to the large elevator.
QUOTE: Originally posted by greyhounds Now once you've got the grain in a truck, does it make sense to take it to a small country elevator, then transfer it to that elevator, hold it there, then transfer it to smaller rail cars for shortline movement, then transfer it again to a larger elevator, hold it there, then transfer it to a main line shuttle train? Or do you just drive the truck to the large elevator in the first place? It will depend on the specific situation, but if I had to bet ( and I do bet on things ), I'd bet that it will be generally more efficient to just drive the truck to the large elevator.
QUOTE: Originally posted by greyhounds [Now once you've got the grain in a truck, does it make sense to take it to a small country elevator, then transfer it to that elevator, hold it there, then transfer it to smaller rail cars for shortline movement, then transfer it again to a larger elevator, hold it there, then transfer it to a main line shuttle train? Or do you just drive the truck to the large elevator in the first place? It will depend on the specific situation, but if I had to bet ( and I do bet on things ), I'd bet that it will be generally more efficient to just drive the truck to the large elevator.
QUOTE: Originally posted by Chris30 One thing to add to the small grain elevators that are disappearing. A lot of small elevators are/were located on old, lightweight rail that is/was maintenance deffered branch trackage. As the weight of a loaded grain car continues to get heavier, the lightweight, maintenance deffered track can no longer support the weight of those cars. To continue serving these small elevators the railroads would have to continue using smaller/lighter cars, or the branch trackage would have to be completely rebuilt at a great cost that would never be repaid to support the newer, heavier grain cars. Don't foreget about the cost of crew and equipment to serve the lightweight branches that might only produce a few cars a week for one season of the year. It just makes more sense for the small elevators take the discount offered and truck their product to a large elevator on the main line. The railroads are more than willing to give a discount to the small elevator vs. the expense of the branch lines. CC
QUOTE: Originally posted by ericsp The grain trains I see are probably about 75 to 100 cars. All of the grain elevators around here are receivers. Do they load any grains besides rice up there? Eric rice is a big export, but I am not sure what the other grain is that is shipped. I know I have seen a lot of cars at the elevators up highway 99 above Yuba City. The cars were being loaded outside of rice season, but I didn't know with what. Anyone else care to venture a guess. Reply Chris30 Member sinceDecember 2001 From: near Chicago 937 posts Posted by Chris30 on Saturday, June 25, 2005 7:08 PM One thing to add to the small grain elevators that are disappearing. A lot of small elevators are/were located on old, lightweight rail that is/was maintenance deffered branch trackage. As the weight of a loaded grain car continues to get heavier, the lightweight, maintenance deffered track can no longer support the weight of those cars. To continue serving these small elevators the railroads would have to continue using smaller/lighter cars, or the branch trackage would have to be completely rebuilt at a great cost that would never be repaid to support the newer, heavier grain cars. Don't foreget about the cost of crew and equipment to serve the lightweight branches that might only produce a few cars a week for one season of the year. It just makes more sense for the small elevators take the discount offered and truck their product to a large elevator on the main line. The railroads are more than willing to give a discount to the small elevator vs. the expense of the branch lines. CC Reply gabe Member sinceMarch 2004 From: Indianapolis, Indiana 2,434 posts Posted by gabe on Saturday, June 25, 2005 12:51 PM Exactly—and I suppose contumelious would be a better term in the context I was using. As Dan said, in a recent post, what this will really come down to is the ability of the state courts to police properly this action. As somebody who works for a state appellate court, I am not at all convinced that there will be a uniform application of this oversight. Furthermore, in order for the State courts to properly oversee this, there is going to have to be litigation. Who do you think is going to be able to hire the better lawyer, Wal-Mart or some family farmer? Furthermore, the type of litigation involved will be complex—where the better lawyer makes even more of a difference. I am truly worried about this one. Gabe Reply Anonymous Member sinceApril 2003 305,205 posts Posted by Anonymous on Saturday, June 25, 2005 11:48 AM QUOTE: Originally posted by gabe QUOTE: Originally posted by futuremodal Gabe, I'll grant you that there is a fundamental difference between the public needs of a railroad/pipeline/transmission line et al and the public needs of a big box store or new multi family dwellings. However, in spirit (and from a legal perspective) a new private development is a new private development regardless of function or intent. In other words, I'm not sure the law sees a difference between local/regional juristiction that supports UP and local/regional juristicition that supports WalMart. The Supreme Court recognized that it would be discriminatory to allow Corporation A the right to eminent domain but not allow Corporation B the same right, regardless of what it is those corporations are involved. It is up to Congress to make the distinction between those corporations which absolutely need to access certain private property to function, and those which could effectively "shop around" for the right location. Of course, I have argued in other topic lines that railroads are not the same as other private ventures, therefore it is ridiculous to allow railroads the same levels of "hands off" government approach, especially given the importance of preserving and expanding transportation infrastructure to meet the demands of an ever growing economy. If I remember correctly, even you Gabe presented the "McDonalds" analogy in defending the current railroad closed access status quo system. So therefore, if railroads are no different from McDonalds when it comes to what governments allow in terms of price or access regulation, then it can also be argued that McDonalds is no different from railroads in what governments allow when it comes to eminent domain. For the record, I am all for allowing railroads the right of eminent domain, but with that right comes the necessary oversight of regulation to assure optimal citizen access to that ROW that utilized the right of eminent domain. Otherwise, we are just granting fiefdoms to discriminatory entities. Dave, I am not trying to be contumacious, but to quote the Court in its reference to the new land use "Nor will the private lessees of the land in any sense be required to operate like common carriers, making their services available to all comers." The Court just kicked out one of the chief restrictions on the use of the doctrine. This will not only allow the greatly expanded view of public benefit to be used as a sword by the rich; it will also allow the doctrine to be used CONSIDERABLY more than it is now. Gabe Well, I'm okay with you being contumacious, as long as you don't become contumelious. I admit, I am a little bit perplexed by the Court statement regarding lessees absolvency from "common carrier" assimilation, since the particular case pertained to a developer whose end product would ostensibly be made available to the public marketplace. If this interpretation is taken at face value, then a private individual with influence could convince governments to bestow the act of eminent domain to remove another private citizen from their property, soley for the purpose of the former building their own private residence on the latter's site. Perhaps this is why the reaction from both the left and the right has been so vocal, and it begs the question as to why the Court would so drastically extend this right of eminent domain beyond the auspices of the original case. It's one thing to grant eminent domain for a project that would be made available to the public, it's entirely beyond reason to grant eminent domain for a project that is intended for private use. Reply Edit gabe Member sinceMarch 2004 From: Indianapolis, Indiana 2,434 posts Posted by gabe on Saturday, June 25, 2005 11:12 AM QUOTE: Originally posted by futuremodal Gabe, I'll grant you that there is a fundamental difference between the public needs of a railroad/pipeline/transmission line et al and the public needs of a big box store or new multi family dwellings. However, in spirit (and from a legal perspective) a new private development is a new private development regardless of function or intent. In other words, I'm not sure the law sees a difference between local/regional juristiction that supports UP and local/regional juristicition that supports WalMart. The Supreme Court recognized that it would be discriminatory to allow Corporation A the right to eminent domain but not allow Corporation B the same right, regardless of what it is those corporations are involved. It is up to Congress to make the distinction between those corporations which absolutely need to access certain private property to function, and those which could effectively "shop around" for the right location. Of course, I have argued in other topic lines that railroads are not the same as other private ventures, therefore it is ridiculous to allow railroads the same levels of "hands off" government approach, especially given the importance of preserving and expanding transportation infrastructure to meet the demands of an ever growing economy. If I remember correctly, even you Gabe presented the "McDonalds" analogy in defending the current railroad closed access status quo system. So therefore, if railroads are no different from McDonalds when it comes to what governments allow in terms of price or access regulation, then it can also be argued that McDonalds is no different from railroads in what governments allow when it comes to eminent domain. For the record, I am all for allowing railroads the right of eminent domain, but with that right comes the necessary oversight of regulation to assure optimal citizen access to that ROW that utilized the right of eminent domain. Otherwise, we are just granting fiefdoms to discriminatory entities. Dave, I am not trying to be contumacious, but to quote the Court in its reference to the new land use "Nor will the private lessees of the land in any sense be required to operate like common carriers, making their services available to all comers." The Court just kicked out one of the chief restrictions on the use of the doctrine. This will not only allow the greatly expanded view of public benefit to be used as a sword by the rich; it will also allow the doctrine to be used CONSIDERABLY more than it is now. Gabe Reply gabe Member sinceMarch 2004 From: Indianapolis, Indiana 2,434 posts Posted by gabe on Saturday, June 25, 2005 11:04 AM Greyhounds, None taken. Most of my best friends are lawyers and are great people that truly entered the profession to serve the public good. That having been said, as a group, most of us can't stand lawyers. Gabe Reply greyhounds Member sinceAugust 2003 From: Antioch, IL 4,371 posts Posted by greyhounds on Saturday, June 25, 2005 12:30 AM No offense to Gabe but, "Lawyers are like nuclear weapons, I got 'em because the other side's got 'em; but once you use 'em, they screw everything up." By Danny DiVito in "Other People's Money" - a really great (or "Greyt" as we fast dog folks say) movie. "By many measures, the U.S. freight rail system is the safest, most efficient and cost effective in the world." - Federal Railroad Administration, October, 2009. I'm just your average, everyday, uncivilized howling "anti-government" critic of mass government expenditures for "High Speed Rail" in the US. And I'm gosh darn proud of that. Reply ericsp Member sinceMay 2015 5,134 posts Posted by ericsp on Friday, June 24, 2005 11:02 PM QUOTE: Originally posted by broncoman I am born and raised in the central valley of CA, so I am curious as to the "stranded" grain elevators of the midwest. There are some fairly large farms still left in the greater sacramento area but it seems that they truck the grain to a siding where it is transferred to anywhere from 2-6 cars. There are still bigger elevators around I would say you wouldn't have to go more than 60-80 mi to go from one to another from Redding almost all the way down to Los Angeles. Is this scenerio different from the midwest? I am just curious as to the scope. I am sure the distances between "train load" elevators is substantial. And out of curiosity what is the standard "train load", 30-50 cars? Thanks for the info. The grain trains I see are probably about 75 to 100 cars. All of the grain elevators around here are receivers. Do they load any grains besides rice up there? "No soup for you!" - Yev Kassem (from Seinfeld) Reply Anonymous Member sinceApril 2003 305,205 posts Posted by Anonymous on Friday, June 24, 2005 8:39 PM Gabe, I'll grant you that there is a fundamental difference between the public needs of a railroad/pipeline/transmission line et al and the public needs of a big box store or new multi family dwellings. However, in spirit (and from a legal perspective) a new private development is a new private development regardless of function or intent. In other words, I'm not sure the law sees a difference between local/regional juristiction that supports UP and local/regional juristicition that supports WalMart. The Supreme Court recognized that it would be discriminatory to allow Corporation A the right to eminent domain but not allow Corporation B the same right, regardless of what it is those corporations are involved. It is up to Congress to make the distinction between those corporations which absolutely need to access certain private property to function, and those which could effectively "shop around" for the right location. Of course, I have argued in other topic lines that railroads are not the same as other private ventures, therefore it is ridiculous to allow railroads the same levels of "hands off" government approach, especially given the importance of preserving and expanding transportation infrastructure to meet the demands of an ever growing economy. If I remember correctly, even you Gabe presented the "McDonalds" analogy in defending the current railroad closed access status quo system. So therefore, if railroads are no different from McDonalds when it comes to what governments allow in terms of price or access regulation, then it can also be argued that McDonalds is no different from railroads in what governments allow when it comes to eminent domain. For the record, I am all for allowing railroads the right of eminent domain, but with that right comes the necessary oversight of regulation to assure optimal citizen access to that ROW that utilized the right of eminent domain. Otherwise, we are just granting fiefdoms to discriminatory entities. Reply Edit MichaelSol Member sinceOctober 2004 3,190 posts Posted by MichaelSol on Friday, June 24, 2005 4:42 PM QUOTE: Originally posted by arbfbe BNSF does not want to serve small anythings. The discount for shippers using the shuttle services is about $300 in many locations, that makes it hard for the smaller elevators to be competitive. Depending upon where BNSF supports construction of a shuttle elevator it can decimate all smaller elevators in quite an area. All that investment by smaller companies, co-ops and farmers wiped out by a couple of large American conglomerates. Hi Alan, Montana shippers receive a $350 carload discount at 9 of the 10 shuttle elevators located in Montana, over single carload rates. That's about $250 over multi-carload rates. At the same time, however, they pay an average $861 above the average BNSF system rate for identical shipping services elsewhere on the system, that is, same distance, export. If a shipper shipped by the carload, from Shelby to Portland, for instance, the cost of shipping would be 18.25% of the total price received at Portland for HRSpring wheat, based on 4/15 prices, or 16.34% of the total price received at shuttle rates. A relatively small difference, 1.91% of the gross profit. In dollar terms, by shipping 110 carloads HR Spring through the enormous shuttle facility at Shelby (3.2 million bu. capacity, 162 car track capacity) the shipper saves $38,500 over single carload rates, or $27,500 over multiple carload rates on a shipment that will bring total revenue of $1.85 million in Portland. These "savings" are little more than 1% of the revenue received and are just not that significant in the overall scheme of things. Other factors are far more important to the shipper. On the other hand, in order to take advantage of shuttle rates, shippers have to construct shuttle facilities. I checked with one of the big elevator contractors today, and they confirmed that typically a new shuttle facility costs between $8 and $10 per bushel. So, for instance, to duplicate a typical Montana facility, say the Billings Peavey operation at 1.7 million bushels, the shipper must invest appoximately $15 million dollars, and probably also pay for the longer siding to be installed. On a 15 year loan, that's a $1.6 million financing obligation to handle annually, aside from increased operating costs. To justify the cost, the shipper would have to have a minimum of 58 shuttle trains per year. That's 22 million bushels of wheat from a single elevator. That would be very "unusual" (That would be one third of Montana's entire export wheat crop in Year 2001). From the railroad perspective, is it clear that the railroad is "saving" the costs of carload level handling? Well, many of the patrols that formerly picked up carloads of wheat are still out there, operating the same shifts on the same branches or the same areas. Some aren't. Exactly what is the railroad "saving"? Is there added cost due to increased wear on the track and structure? We know the answer to that is yes. Is that offset by savings elsewhere? That's just not as clear as it should be. Further, the trend to unit trains has not shown up in the bottom line at all, to the contrary, last year on BNSF, operating expenses increased faster than revenues. If there are savings in increased unit train operations, it is difficult to find them in the place they are supposed to be: operating expenses. Arguably, filtering carloads and smaller carload units into existing traffic patterns has a different effect on railroad operations than fully dedicated trains. Is the effect positive or negative? There can be an argument both ways on that. Is there an explicit downside for the railroad? According to the contractor that built the facility, the Co-op at Enderlin, ND built its new 50 car shuttle on CP, rather than BNSF partly as a response to BNSF "attitudes" on rates available to 50 car facilities. The RR suffered a net loss of the traffic and the loss of the entire amount of the revenue. It will never get it back. So, to promote shuttle service, the BNSF takes a 12% loss of revenue. It's restrictive policies which anger most of the industry involved, results in a loss of customers, on top of a 12% reduction in revenue. Operating expenses continue to increase faster than revenue. What this all suggests is that the operating efficiencies obtained are smaller than the revenue lost. The magic word "efficiency" is meaningless if there is no net return. The current satisfaction expressed by certain observers as to the perceived "efficiency" of shuttle operations is simply not justified by either the overall operating results of the railroads, nor by any discernible savings over regular operations. "Efficiency" as used by some of the Posters seems to be a "theoretical" construct that they should be more efficient, and therefore in our infinite wisdom we will just assume that in actual fact they are. One of the problems with unit train operations since their inception with coal, is the inability to properly estimate the cost of the operation. And I don't mean that operating costs were ever overestimated. Hardly. At each refinement of the cost model, unit trains have typically been more costly to the railroad than the experts initially predicted. And each refinement continues to underestimate the cost. Well, as with many assumptions, reality and theory can be quite different. There are not many specific facts offered in support of shuttle operations to show that they are, in fact, as "efficient" for the railroad from an economic perspective as the theory offered by the gentlemen suggests. Best regards, Michael Sol Reply gabe Member sinceMarch 2004 From: Indianapolis, Indiana 2,434 posts Posted by gabe on Friday, June 24, 2005 9:07 AM QUOTE: Originally posted by futuremodal RE: The recent Supreme Court Ruling - Don't forget your railroad history. When the railroads were building West in the late 1800's and early 1900's, they were granted the right of Eminent Domain to allow the ROW across established private property. This is nothing new. I wish you were right; but you are not. This is a substantial departure from previous practice. Yes, railroads have used the power of eminent domain for centuries in this country. However, there is a fundamental difference between railroads and the cases now allowed by our Supreme Court. One, of course, may argue that there is no difference between the public interest served by Wal-Mart and the public purpose served by Union Pacific. Legally, at least, it is recognized that railroads serve a direct public benefit and would not be possible to run without the use of eminent domain. In any event, the restriction to things like reservoirs, railroads, highways, etc. substantially limited the power of eminent domain in the past. No more. Now, the sanctity of the property is el finito. If Wal-Mart wants to move into a suburban neighborhood, all they have to do is say sell to us, or we will show the municipality that we have a larger tax base and will supply more votes. Trust me, your property rights have really been diminished because of this holding. Gabe Reply broncoman Member sinceFebruary 2003 From: Gateway to Donner Summit 434 posts Posted by broncoman on Thursday, June 23, 2005 9:05 PM I am born and raised in the central valley of CA, so I am curious as to the "stranded" grain elevators of the midwest. There are some fairly large farms still left in the greater sacramento area but it seems that they truck the grain to a siding where it is transferred to anywhere from 2-6 cars. There are still bigger elevators around I would say you wouldn't have to go more than 60-80 mi to go from one to another from Redding almost all the way down to Los Angeles. Is this scenerio different from the midwest? I am just curious as to the scope. I am sure the distances between "train load" elevators is substantial. And out of curiosity what is the standard "train load", 30-50 cars? Thanks for the info. Reply Anonymous Member sinceApril 2003 305,205 posts Posted by Anonymous on Thursday, June 23, 2005 7:51 PM RE: The recent Supreme Court Ruling - Don't forget your railroad history. When the railroads were building West in the late 1800's and early 1900's, they were granted the right of Eminent Domain to allow the ROW across established private property. This is nothing new. RE: Unit vs carload shipments - Everything Greyhounds says is true, but in the larger picture it is possible to have a reverse macro effect. We've already hashed out the question of whether it is more "efficient" to move grain from a country elevator to a unit train terminal via truck or whether it would be more efficient to move that grain from country elevator to unit train terminal by shortline railroad. There are real world examples of shortlines being able to beat trucker's shorthaul rates in this scenario (aka Watco's opertations in the PNW). So in that vein the Class I's will participate in carload grain movements vicariously via their shortline "partners" (or shortline "slaves" depending on your particular POV). Depending on the infrastructure characteristics of a certain grain moving corridor, it is probable that shorthaul railroad companies could easily compete with truckers for carload quantities IF they could access the Class I property to get to those smaller elevators. This was one of the points made in the open access discussions, that smaller players would go after the business rejected by the Class I's if they had access to the property. Unit train dynamics are more efficient than carload dynamics, yet carload dynamics are (usually) more efficient than truckload dynamics. Thus, it is possible to have situations in which the combination of truckload hauls plus unit train hauls would be LESS efficient than carload hauls that come in 10's, 5's, or sometimes even single lots over the same corridors (from farm to port). So when Gabe bemoans the loss of individualized services, he's not just being nostalgic. Reply Edit bobwilcox Member sinceDecember 2001 From: Crozet, VA 1,049 posts Posted by bobwilcox on Thursday, June 23, 2005 4:46 PM QUOTE: Originally posted by Peterson6868 But is this legal? Under Common carrier obligations the railroad has to traet everyone the same. Its just that the farmers dont knwo this and cant afford to hire a law firm to figure this out. Effeciant? What about all those trucks going all over the place to pick up grain from the small elevaters Railroads still have a common carrier obligation. If I call the Buckingham Branch today and say I want to ship a car of grain from Crozet to East Budda, TX they and their conections must move the car. Although they can not refuse to provide service I must pay them the rate they want for their service. In addition they will expect me to supply the covered hopper. Bob Reply SALfan Member sinceApril 2002 From: Northern Florida 1,429 posts Posted by SALfan on Thursday, June 23, 2005 4:03 PM QUOTE: Originally posted by greyhounds Of course it's legal. And farmers aren't ignorant. And they have lawyers. And farmers are going through this same process. My father worked 160 acers in central Illinois. That was what one man could handle. Today, that would be a "hobby farm". (disclaimer: I did not grow up on a farm, he was evicted the year I was born and I grew up in a small town.) The farms have gotten much larger, along with the equipment. The government can not pass a law that changes economics, just as they can not pass a law that water will run up hill. My brother put it very well last week, and I believe his quantities are about right. In the 1910's a farmer could make a decent living for his family on 40 acres. In the 1970's it took 400 acres to provide a decent living for a family. Now it takes 4000. To put it another way (I may be slightly off with these figures, but you get the idea): In 1948, Yazoo County Mississippi had 48,000 people; in 1990, it had 21,000 people. Most farmers didn't get tractors until just before or after World War II, so the vast decrease in the number of field hands and tenant farmers didn't really hit until after WWII. You can see the effect in the population changes in Yazoo County. Reply greyhounds Member sinceAugust 2003 From: Antioch, IL 4,371 posts Posted by greyhounds on Thursday, June 23, 2005 2:02 PM QUOTE: Originally posted by Peterson6868 But is this legal? Under Common carrier obligations the railroad has to traet everyone the same. Its just that the farmers dont knwo this and cant afford to hire a law firm to figure this out. Effeciant? What about all those trucks going all over the place to pick up grain from the small elevaters Of course it's legal. And farmers aren't ignorant. And they have lawyers. And farmers are going through this same process. My father worked 160 acers in central Illinois. That was what one man could handle. Today, that would be a "hobby farm". (disclaimer: I did not grow up on a farm, he was evicted the year I was born and I grew up in a small town.) The farms have gotten much larger, along with the equipment. The government can not pass a law that changes economics, just as they can not pass a law that water will run up hill. As for the trucks, the economics of truckload transporation are very different from carload transportation. With trucks the unit of sale equals the unit of production. There is no need to aggregate sale units into production units. With carload there is an absolute need to aggregate the units of sale (carloads) into units of production (trainloads). There is also a need to break down trainloads of empties and distribute the cars for loading. As I said, this just destroys equipment utilization and drives up costs. These factors are not present in truckload. So smaller facilities are more efficiently served by trucks. And yes, I remember the C&IM spotting boxcars for grain loading at the elevators in Manito, IL. It's where I received my first lesson in just how inefficient that sort of thing is. The agent was muttering to himself about the grain company not ordering any cars for six months, then wanting "everthing" right away. I actaully saw this guy get on the phone with the dispatcher, get the OK, then flag down a southbound extra. I mean he was out there waving a red flag. They stopped and switched out every empty boxcar on the train. Just grabbed 'em off the train. So much for equipment utilization planning. "By many measures, the U.S. freight rail system is the safest, most efficient and cost effective in the world." - Federal Railroad Administration, October, 2009. I'm just your average, everyday, uncivilized howling "anti-government" critic of mass government expenditures for "High Speed Rail" in the US. And I'm gosh darn proud of that. Reply gabe Member sinceMarch 2004 From: Indianapolis, Indiana 2,434 posts Posted by gabe on Thursday, June 23, 2005 1:53 PM Mookie: That is really encouraging to see it doesn't all go that way. But, my heart really goes out to all of those people who are going to lose their homes--not businesses--not for the direct public good, but another Mega store can move in. Some of the homes had been in the family for quite some time. I can't imagine how hard it would be to lose your home in such a circumstance. I am geniunely sad for them. MP-173: I do like the boxcar bit. My father worked at a grain elevator in his youth and described how much he preferred actual grain cars to box cars, as sometimes they would actually have to shovel the grain inside the box car to create more room for the grain. Thanks, Gabe Reply Mookie Member sinceJune 2001 From: US 13,488 posts Posted by Mookie on Thursday, June 23, 2005 1:16 PM Gabe - I heard it on the news and just shook my head. One bright spot - that muddy feathers can probably explain better - City of Lincoln vs a lumber company for what would have amounted to eminent domain. City 0 lumber company - 1 Moo She who has no signature! cinscocom-tmw Reply MP173 Member sinceMay 2004 From: Valparaiso, In 5,921 posts Posted by MP173 on Thursday, June 23, 2005 1:14 PM Gabe: DIdnt see the Supreme Court ruling, but in my opinion, it is really a bad ruling. I had a customer in Des Plaines, Il which was not a glamorous company. They are a leasing company of trailers. In fact, they are HUGE. One day I stopped in and they said they were moving. It seems as if Des Plaines condemned their property to build a hotel. Granted, this property was adjacent to I 90 and close to O'Hare and was no doubt valuable...but what gives them the right to do so? BTW...the trailer leasing company is no poor small company, it is owned by Warren Buffet's Berkshire Hathaway. Now, regarding the small elevator issue....Greyhound and Gabe, you will appreciate this one. Back in the day, I recall the IC line thru town would stop and switch boxcars of grain at the next town north (West Liberty, Il). Imagine how far we have progressed...BOX CARS of grain! ed Reply gabe Member sinceMarch 2004 From: Indianapolis, Indiana 2,434 posts Posted by gabe on Thursday, June 23, 2005 12:54 PM On a related side note, did anyone happen to notice the Supreme Court holding today saying that cities may condem property to attract private industry? Yet another blow against the little guy. This one is going to be bad. 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The grain trains I see are probably about 75 to 100 cars. All of the grain elevators around here are receivers. Do they load any grains besides rice up there?
QUOTE: Originally posted by gabe QUOTE: Originally posted by futuremodal Gabe, I'll grant you that there is a fundamental difference between the public needs of a railroad/pipeline/transmission line et al and the public needs of a big box store or new multi family dwellings. However, in spirit (and from a legal perspective) a new private development is a new private development regardless of function or intent. In other words, I'm not sure the law sees a difference between local/regional juristiction that supports UP and local/regional juristicition that supports WalMart. The Supreme Court recognized that it would be discriminatory to allow Corporation A the right to eminent domain but not allow Corporation B the same right, regardless of what it is those corporations are involved. It is up to Congress to make the distinction between those corporations which absolutely need to access certain private property to function, and those which could effectively "shop around" for the right location. Of course, I have argued in other topic lines that railroads are not the same as other private ventures, therefore it is ridiculous to allow railroads the same levels of "hands off" government approach, especially given the importance of preserving and expanding transportation infrastructure to meet the demands of an ever growing economy. If I remember correctly, even you Gabe presented the "McDonalds" analogy in defending the current railroad closed access status quo system. So therefore, if railroads are no different from McDonalds when it comes to what governments allow in terms of price or access regulation, then it can also be argued that McDonalds is no different from railroads in what governments allow when it comes to eminent domain. For the record, I am all for allowing railroads the right of eminent domain, but with that right comes the necessary oversight of regulation to assure optimal citizen access to that ROW that utilized the right of eminent domain. Otherwise, we are just granting fiefdoms to discriminatory entities. Dave, I am not trying to be contumacious, but to quote the Court in its reference to the new land use "Nor will the private lessees of the land in any sense be required to operate like common carriers, making their services available to all comers." The Court just kicked out one of the chief restrictions on the use of the doctrine. This will not only allow the greatly expanded view of public benefit to be used as a sword by the rich; it will also allow the doctrine to be used CONSIDERABLY more than it is now. Gabe
QUOTE: Originally posted by futuremodal Gabe, I'll grant you that there is a fundamental difference between the public needs of a railroad/pipeline/transmission line et al and the public needs of a big box store or new multi family dwellings. However, in spirit (and from a legal perspective) a new private development is a new private development regardless of function or intent. In other words, I'm not sure the law sees a difference between local/regional juristiction that supports UP and local/regional juristicition that supports WalMart. The Supreme Court recognized that it would be discriminatory to allow Corporation A the right to eminent domain but not allow Corporation B the same right, regardless of what it is those corporations are involved. It is up to Congress to make the distinction between those corporations which absolutely need to access certain private property to function, and those which could effectively "shop around" for the right location. Of course, I have argued in other topic lines that railroads are not the same as other private ventures, therefore it is ridiculous to allow railroads the same levels of "hands off" government approach, especially given the importance of preserving and expanding transportation infrastructure to meet the demands of an ever growing economy. If I remember correctly, even you Gabe presented the "McDonalds" analogy in defending the current railroad closed access status quo system. So therefore, if railroads are no different from McDonalds when it comes to what governments allow in terms of price or access regulation, then it can also be argued that McDonalds is no different from railroads in what governments allow when it comes to eminent domain. For the record, I am all for allowing railroads the right of eminent domain, but with that right comes the necessary oversight of regulation to assure optimal citizen access to that ROW that utilized the right of eminent domain. Otherwise, we are just granting fiefdoms to discriminatory entities.
QUOTE: Originally posted by broncoman I am born and raised in the central valley of CA, so I am curious as to the "stranded" grain elevators of the midwest. There are some fairly large farms still left in the greater sacramento area but it seems that they truck the grain to a siding where it is transferred to anywhere from 2-6 cars. There are still bigger elevators around I would say you wouldn't have to go more than 60-80 mi to go from one to another from Redding almost all the way down to Los Angeles. Is this scenerio different from the midwest? I am just curious as to the scope. I am sure the distances between "train load" elevators is substantial. And out of curiosity what is the standard "train load", 30-50 cars? Thanks for the info.
"No soup for you!" - Yev Kassem (from Seinfeld)
QUOTE: Originally posted by arbfbe BNSF does not want to serve small anythings. The discount for shippers using the shuttle services is about $300 in many locations, that makes it hard for the smaller elevators to be competitive. Depending upon where BNSF supports construction of a shuttle elevator it can decimate all smaller elevators in quite an area. All that investment by smaller companies, co-ops and farmers wiped out by a couple of large American conglomerates.
QUOTE: Originally posted by futuremodal RE: The recent Supreme Court Ruling - Don't forget your railroad history. When the railroads were building West in the late 1800's and early 1900's, they were granted the right of Eminent Domain to allow the ROW across established private property. This is nothing new.
QUOTE: Originally posted by Peterson6868 But is this legal? Under Common carrier obligations the railroad has to traet everyone the same. Its just that the farmers dont knwo this and cant afford to hire a law firm to figure this out. Effeciant? What about all those trucks going all over the place to pick up grain from the small elevaters
QUOTE: Originally posted by greyhounds Of course it's legal. And farmers aren't ignorant. And they have lawyers. And farmers are going through this same process. My father worked 160 acers in central Illinois. That was what one man could handle. Today, that would be a "hobby farm". (disclaimer: I did not grow up on a farm, he was evicted the year I was born and I grew up in a small town.) The farms have gotten much larger, along with the equipment. The government can not pass a law that changes economics, just as they can not pass a law that water will run up hill.
She who has no signature! cinscocom-tmw
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