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A right-of-way (ROW) is a right to make a way over a piece of land, usually to and from another piece of land. A right of way is a type of
''A law dictionary containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern: and including the principal terms of international, constitutional, ecclesiastical, and commercial law, and medical jurisprudence, with a collection of legal maxims ...''
(West Publishing Co., 1910), pg. 1040. A right-of-way is reserved for the purposes of maintenance or expansion of existing services with the right-of-way.
The various designations of railroad right of way are as follows:
*Active track is any track that is used regularly or even only once in a while.
*Out of service means the right of way is preserved, and the railroad retains the right to activate it. The line could be out of service for decades. Thus track or crossings that have been removed need to be replaced.
*By an embargo the track is removed, but the right of way is preserved and usually is converted into a walking or cycling path or other such use.
*An abandonment is a lengthy formal process by which the railroad gives up all rights to the line. In most cases the track is removed and sold for scrap and any grade crossings are redone. The line will never be active again. The right of way reverts to the adjoining property owners.
Railroad rights-of-way need not be exclusively for railroad tracks and related equipment.
A right-of-way (ROW) is a right to make a way over a piece of land, usually to and from another piece of land. A right of way is a type of easement
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a propert ...
granted or reserved over the land for transportation
Transport (in British English), or transportation (in American English), is the intentional movement of humans, animals, and goods from one location to another. Modes of transport include air, land (rail and road), water, cable, pipeline, ...
purposes, such as a highway
A highway is any public or private road or other public way on land. It is used for major roads, but also includes other public roads and public tracks. In some areas of the United States, it is used as an equivalent term to controlled-access ...
, public footpath
A footpath (also pedestrian way, walking trail, nature trail) is a type of thoroughfare that is intended for use only by pedestrians and not other forms of traffic such as motorized vehicles, bicycles and horses. They can be found in a wide ...
, rail transport
Rail transport (also known as train transport) is a means of transport that transfers passengers and goods on wheeled vehicles running on rails, which are incorporated in tracks. In contrast to road transport, where the vehicles run on a p ...
, canal, as well as electrical transmission lines, oil and gas pipelines. In the case of an easement, it may revert to its original owners if the facility is abandoned. This American English term is also used to denote the land itself.
A right of way is granted or reserved over the land for transportation
Transport (in British English), or transportation (in American English), is the intentional movement of humans, animals, and goods from one location to another. Modes of transport include air, land (rail and road), water, cable, pipeline, ...
purposes, usually for private access to private land and, historically for a highway
A highway is any public or private road or other public way on land. It is used for major roads, but also includes other public roads and public tracks. In some areas of the United States, it is used as an equivalent term to controlled-access ...
, public footpath
A footpath (also pedestrian way, walking trail, nature trail) is a type of thoroughfare that is intended for use only by pedestrians and not other forms of traffic such as motorized vehicles, bicycles and horses. They can be found in a wide ...
, rail transport
Rail transport (also known as train transport) is a means of transport that transfers passengers and goods on wheeled vehicles running on rails, which are incorporated in tracks. In contrast to road transport, where the vehicles run on a p ...
, canal, as well as electrical transmission lines, oil and gas pipelines.Henry Campbell Black: ''Right-of-way.'' In''A law dictionary containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern: and including the principal terms of international, constitutional, ecclesiastical, and commercial law, and medical jurisprudence, with a collection of legal maxims ...''
(West Publishing Co., 1910), pg. 1040. A right-of-way is reserved for the purposes of maintenance or expansion of existing services with the right-of-way.
Rail right-of-way
In theUnited States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, railroad rights-of-way (ROW or R/O/W) are generally considered private property by the respective railroad owners and by applicable state laws. Most U.S. railroads employ their own police forces, who can arrest and prosecute trespassers found on their rights-of-way. Some railroad rights-of-way include recreational rail trail
A rail trail is a shared-use path on railway right of way. Rail trails are typically constructed after a railway has been abandoned and the track has been removed, but may also share the right of way with active railways, light rail, or streetcar ...
s.
In Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, railroad rights-of-way are regulated by federal law.
In the United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
, railway companies received the right to resume land for a right-of-way by a private Act of Parliament
Proposed bills are often categorized into public bills and private bills. A public bill is a proposed law which would apply to everyone within its jurisdiction. This is unlike a private bill which is a proposal for a law affecting only a single p ...
.
Designations of railroad right of way
The various designations of railroad right of way are as follows:
*Active track is any track that is used regularly or even only once in a while.
*Out of service means the right of way is preserved, and the railroad retains the right to activate it. The line could be out of service for decades. Thus track or crossings that have been removed need to be replaced.
*By an embargo the track is removed, but the right of way is preserved and usually is converted into a walking or cycling path or other such use.
*An abandonment is a lengthy formal process by which the railroad gives up all rights to the line. In most cases the track is removed and sold for scrap and any grade crossings are redone. The line will never be active again. The right of way reverts to the adjoining property owners.
Rail rights-of-way uses other than rail transport
Railroad rights-of-way need not be exclusively for railroad tracks and related equipment. Easements
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property ...
are frequently given to permit the laying of communication cables (such as optical fiber
An optical fiber, or optical fibre in Commonwealth English, is a flexible, transparent fiber made by drawing glass (silica) or plastic to a diameter slightly thicker than that of a human hair. Optical fibers are used most often as a means to ...
) or natural gas
Natural gas (also called fossil gas or simply gas) is a naturally occurring mixture of gaseous hydrocarbons consisting primarily of methane in addition to various smaller amounts of other higher alkanes. Low levels of trace gases like carbo ...
pipelines, or to run electric power transmission
Electric power transmission is the bulk movement of electrical energy from a generating site, such as a power plant, to an electrical substation. The interconnected lines that facilitate this movement form a ''transmission network''. This is ...
lines overhead, along a railroad.
See also
*Eminent domain
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Austr ...
* Noise barrier
A noise barrier (also called a soundwall, noise wall, sound berm, sound barrier, or acoustical barrier) is an exterior structure designed to protect inhabitants of sensitive land use areas from noise pollution. Noise barriers are the most effecti ...
* Permanent way
A railway track (British English and UIC terminology) or railroad track (American English), also known as permanent way or simply track, is the structure on a railway or railroad consisting of the rails, fasteners, railroad ties (sleepers, ...
* Right of way (public throughway)
Right of way is the legal right, established by grant from a landowner or long usage (i.e. by prescription), to pass along a specific route through property belonging to another.
A similar ''right of access'' also exists on land held by a gov ...
* Right of way (traffic)
Traffic comprises pedestrians, vehicles, ridden or herded animals, trains, and other conveyances that use public ways (roads) for travel and transportation.
Traffic laws govern and regulate traffic, while rules of the road include traffic ...
* Rights of way in England and Wales
In England and Wales, other than in the 12 Inner London London boroughs, boroughs and the City of London, the right of way is a legally protected right of the public to pass and re-pass on specific paths. The law in England and Wales differs f ...
References