[Massplanners] Land separated by RR

[THOMAS FUDALA]

Street railway is a whole different animal than what used to be called "steam" railroads. Street railway mostly ran in what was already a public street. "Steam" railroads almost always were on their own right of way, either purchased or taken by eminent domain authorized by their state charter.

Tom Fudala
Mashpee retired
NRHS, R&LHS, MBRRE, B&M HS

>     On 07/05/2022 11:55 AM Emily Holmberg via MassPlanners <massplanners at masscptc.org> wrote:
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>     Doug,
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>     Possibly, it may depend on the location, nature of, and/or description of the right-of-way across the RR. It may be possible to create a subdivision road across the railroad.
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>     Larry was involved in a project in Palmer where the owner created a subdivision road across the inactive Street Railway. In this particular case the Rights-of-way across the street railway were not specific as to location or width. Check the subdivision plans recorded in Hampden County District Registry of Deeds in Plan Book 260 Pages 24-27 and revised plans in Plan Book 272 Pages 6-9.
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>     Emily
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>     From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Doug Albertson via MassPlanners
>     Sent: Tuesday, July 5, 2022 11:34 AM
>     To: massplanners at masscptc.org
>     Subject: [Massplanners] Land separated by RR
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>     Hi experts and observers,
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>     I know the answer but want to see if any of you has an alternative truth.  The property owner’s house has adequate frontage and area.  Behind it is the railroad owned in fee by the RR.  Then the owner’s next property of 35 acres with no frontage.  There is an existing RoW crossing over the RR between the two.  The owner wants to know, of course, if he can create a building lot for his daughter on the rear parcel.  The first one of you who responds with “You’ve been doing this for 30 years and you have to ask?!?” is removed from my will. 
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>     Are there any particular insights regarding railroad properties that would add radical variables to what should be an outright “no”? 
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>     Doug
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>     Douglas Albertson
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>     Town Planner
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>     Town of Belchertown
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>     P.O. Box 670
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>     Belchertown, Mass.  01007
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>     (413) 323-0407  ext. 320
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> 
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