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Right-of-way (transportation)

A right-of-way (ROW, not to be confused with "right of way" without hyphens) is a right to make a way over a piece of land,[1] usually to and from another piece of land. A right of way is a type of easement granted or reserved over the land for transportation purposes, such as a highway, public footpath, rail transport, canal, as well as electrical transmission lines, oil and gas pipelines.[2] 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.

Right of way drawing of U.S. Route 25E for widening project, 1981
Right of way highway marker in Athens, Georgia

A right of way is granted or reserved over the land for transportation purposes, usually for private access to private land and, historically for a highway, public footpath, rail transport, canal, as well as electrical transmission lines, oil and gas pipelines.[3] A right-of-way is reserved for the purposes of maintenance or expansion of existing services with the right-of-way.[further explanation needed]

Rail right-of-way

In the United States, 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 trails.

In Canada, railroad rights-of-way are regulated by federal law.

In the United Kingdom, railway companies received the right to resume land for a right-of-way by a private Act of Parliament.

Designations of railroad right of way

 
Right-of-way of the out-of-service Pacific Electric in Garden Grove, California from left middleground to right background

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

 
Julington-Durbin Peninsula Powerline Right of Way

Railroad rights-of-way need not be exclusively for railroad tracks and related equipment. Easements are frequently given to permit the laying of communication cables (such as optical fiber) or natural gas pipelines, or to run electric power transmission lines overhead, along a railroad.

See also

References

  1. ^ CSX Corporation. "Railroad Dictionary: R". Retrieved September 3, 2021.
  2. ^ 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.
  3. ^ 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.

right, transportation, priority, traffic, traffic, priority, right, footpaths, bridlepaths, right, other, uses, right, disambiguation, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable,. For priority in traffic see Traffic Priority right of way For footpaths and bridlepaths see Right of way For other uses see Right of way disambiguation This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Right of way transportation news newspapers books scholar JSTOR September 2021 Learn how and when to remove this template message A right of way ROW not to be confused with right of way without hyphens is a right to make a way over a piece of land 1 usually to and from another piece of land A right of way is a type of easement granted or reserved over the land for transportation purposes such as a highway public footpath rail transport canal as well as electrical transmission lines oil and gas pipelines 2 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 Right of way drawing of U S Route 25E for widening project 1981 Right of way highway marker in Athens Georgia A right of way is granted or reserved over the land for transportation purposes usually for private access to private land and historically for a highway public footpath rail transport canal as well as electrical transmission lines oil and gas pipelines 3 A right of way is reserved for the purposes of maintenance or expansion of existing services with the right of way further explanation needed Contents 1 Rail right of way 1 1 Designations of railroad right of way 1 2 Rail rights of way uses other than rail transport 2 See also 3 ReferencesRail right of way EditIn the United States 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 trails In Canada railroad rights of way are regulated by federal law In the United Kingdom railway companies received the right to resume land for a right of way by a private Act of Parliament Designations of railroad right of way Edit See also Adverse abandonment Right of way of the out of service Pacific Electric in Garden Grove California from left middleground to right background 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 Edit Julington Durbin Peninsula Powerline Right of Way Railroad rights of way need not be exclusively for railroad tracks and related equipment Easements are frequently given to permit the laying of communication cables such as optical fiber or natural gas pipelines or to run electric power transmission lines overhead along a railroad See also Edit Look up right of way in Wiktionary the free dictionary Eminent domain Noise barrier Permanent way Right of way public throughway Right of way traffic Rights of way in England and WalesReferences Edit CSX Corporation Railroad Dictionary R Retrieved September 3 2021 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 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 Retrieved from https en wikipedia org w index php title Right of way transportation amp oldid 1145141239, wikipedia, wiki, book, books, library,

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