Originally Posted by
I Like To Ride
We have a long rail line here in my suburbs which has been out of service for almost 40 years now. I am surprised that our city hasn't converted it into a rail trail.
If the real property is still owned by the railroad it generally cannot be condemned unless it has been formally abandoned, which is a legal process. The Interstate Commerce Commission Termination Act federally preempts that ability. Even if the railroad only has an easement, mere non-use does not constitute abandonment of that easement or the rail line itself. Ask me how I know.