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Thread: Alaska Railroad easement question?

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    Member arrowslinger's Avatar
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    Default Alaska Railroad easement question?

    I thought I saw a post on here about someone getting a ticket for being to close to the tracks. It might have been that they were on railroad property but I don't remember. Can anyone tell me what their rules are. I know you can't travel directyly on the tracks but other than that not real sure what their rules are.

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    Member AKDoug's Avatar
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    The rules are what the railroad marshal decides they are on their property. In general, around here, they don't mess with you if you stay off the actual tracks and ballast rock. The railroad owns an amazing amount of right of way and property. The undeveloped portions they don't seem to mind people using.

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    Quote Originally Posted by arrowslinger View Post
    I thought I saw a post on here about someone getting a ticket for being to close to the tracks. It might have been that they were on railroad property but I don't remember. Can anyone tell me what their rules are. I know you can't travel directyly on the tracks but other than that not real sure what their rules are.
    the Alaska railroad has a 100 foot right of way(ROW) on either side of the tracks. This is not an easment, they own it. They allow you to cross on foot but you cannot hunt on the ROW or shoot across the tracks.

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    Member AKDoug's Avatar
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    Default

    Beyond that, in many areas, they own large tracts of land also.

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    Quote Originally Posted by akspecialus View Post
    the Alaska railroad has a 100 foot right of way(ROW) on either side of the tracks. This is not an easment, they own it. They allow you to cross on foot but you cannot hunt on the ROW or shoot across the tracks.
    The ARRC does not "own" the ROW. They have an "exclusive use easement" as defined in the Alaska Railroad Transfer Act of 1982 (ARTA). They will tell you they "own" it, but that is not the case. The reversionary clause in Section 610 of ARTA was also repealed in 2003 which in reality gives them the right to "eternal" use even if they stopped using it as a rail corridor. Lots of little legal things here that will probably end up in court someday.
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    Supporting Member AFHunter's Avatar
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    ak257,

    Thanks for the real story on this. I have wondered every time I cross a set of tracks. I had heard about railroads owning property and wondered if the story was true.

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    Member Vince's Avatar
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    Quote Originally Posted by AFHunter View Post
    ak257,

    Thanks for the real story on this. I have wondered every time I cross a set of tracks. I had heard about railroads owning property and wondered if the story was true.
    as still they do own a bunch of land... living in clear there is a LOT of railroad land in the area.Healy, lignite road is almost all railroad land that people have leased from them 30-60 year leases.. some have come up and not been re- leased...some have been sold into private ownership.. across from my land in clear is the 388 pit. that is all AK railroad... the tracks may cross land they have easement on but they in fact do own large tracts of land in my area and can enforce the no trespass if they see fit. we access the old railroad beds all the time to get to the Nenana river. and much of it crosses the AF. land of clear there as well.
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    Quote Originally Posted by AFHunter View Post
    ak257,

    Thanks for the real story on this. I have wondered every time I cross a set of tracks. I had heard about railroads owning property and wondered if the story was true.
    They have a patent and in fact they own the ROW. The patent says not less than a exclusive use easement. That means they can and do enforce trespassing on the ROW. Class B Misdemeanor Possible 90 days, $1000

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    Quote Originally Posted by akspecialus View Post
    They have a patent and in fact they own the ROW. The patent says not less than a exclusive use easement. That means they can and do enforce trespassing on the ROW. Class B Misdemeanor Possible 90 days, $1000
    No title company has or will ever issue a Title Report showing that the ARRC has a fee title interest for the ROW.....I deal with that issue quite often on my job. And of course they can, and do, enforce trespass on the corridor....I don't dispute that. But we'll have to agree to disagree on the ownership issue.
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  10. #10

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    Quote Originally Posted by ak257 View Post
    No title company has or will ever issue a Title Report showing that the ARRC has a fee title interest for the ROW.....I deal with that issue quite often on my job. And of course they can, and do, enforce trespass on the corridor....I don't dispute that. But we'll have to agree to disagree on the ownership issue.
    I know it does get confusing as it does change throught the state. I have to deal with it on a daily basis in my job. my point is the railroad ROW is not intended for hunting and using it is unlawfull. better safe than sorry. good hunting

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    Member willphish4food's Avatar
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    Default a beautiful thing

    It was a beautiful thing when the state turned ownership of RR property over to a private entity. The railroad helped open up a lot of Alaska, and is still the only egress into much of the state. Owned by Alaska, built by Alaska, and now closed to Alaska, unless Alaska will pay to use it. And asking Alaska to cede more land to it for expansion, cutting into hunting and fishing areas, and closing the access along its ROW's. Truly a beautiful thing!

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