Rules/Laws/practices for Abandoned Track?

[Charlie B]

First thing is to be sure what you think is abandoned really is. Just because it is out of service does not mean abandoned. It can not be abandoned legally without the approval of the Surface Transportation board. The rail is worth taking up for scrap or relay depending on the condition. Another thing not readily visible may be buried underground cables or pipelines. The railroad gets paid yearly fees for this and if abandoned that stops. It might also have to do with revisionary clauses. Many lines were built on rights of ways with a clause that the land would revert to the adjacent land owners if it was removed. Some lines went back and purchased the right of way outright. (These deeds are very hard to run down). The Rails to Trails laws were to ensure the right of way would always be there if needed for rail service but this has become a real nightmare in the few cases where the railroads needed the right of way back, resulting in the trail folks filing suits to prevent the railroads from relaying the rails, and costing the railroads millions to defend their actions because the courts won't throw the suits out outright. Then eminent domain must be used to purchase the right of way.
Charlie