Law Section Feature A Deed for Right-Of-Way, or a Right-Of-Way deed?
By David Drach, Vice Chair of ARDA Law Section
Sometimes even the simplest statements can generate vastly different interpretations. That was the case concerning deeds to several tracts of railroad right of way in North Dakota. The question at the root of the dispute was whether the deeds were intended to convey title to the land which the railroad intended to use for right of way, or if the deeds conveyed right of way over the land, which was, in effect, a conveyance of an easement.
No one spends the time, effort and expense to litigate the nuances of railroad deeds in the far reaches of western North Dakota without reasons above and beyond academic curiosity. For a railroad, the two most common motivations to litigate over title are preservation and regulation of operational rights or supporting facilities, and money. In this case, the motivation was revenue from the production of oil in the Bakken formation in western North Dakota. Soo Line Railroad Company ("Soo Line") entered into a number of oil and gas leases for the exploration and production on tracts that included its property. Oil production is regulated to operable units that frequently encompass one or two Public Land Survey sections of land. Soo Line's interest within an operable unit is typically comprised of its right of way which amounts to less than 2% of a section.
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Register for the ARDA 2016 Executive Forum!
The 2016 Executive Forum will take place from 12pm Tuesday January 26 to 12pm Wednesday January 27, 2016 at the Hyatt Regency Miami.
We are looking forward to an Executive Forum program featuring speakers on topics relating to our annual theme of "Going Global." For more information please visit our event page at www.amraildev.com/2016executiveforum.
Registration is now open! To register for the Executive Forum please follow this link. We have also secured a room block for attendees at a discounted rate of $209 per night at the Hyatt Regency Miami. To book a room please use this link, or call central reservations at 1-888-421-1442 and refer to the ARDA Executive Forum to receive the discounted rate.
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2015-16 Membership Renewals
ARDA members, it is once again time to renew your membership. To do this please visit our website at www.amraildev.com and log-in at the top right corner of the page.
Your renewed membership allows ARDA to continue fostering the industrial, real estate, natural resources, market development activities and environmental concerns of the North American railroads through the advancement of ideas and education of its members.
If you are not an ARDA member and would like to join, please visit our registration page.
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ARDA Sponsorship Opportunities
For over 100 years, the American Railway Development Association has helped foster economic development, real estate, law, technology and environmental activities of North American railroads. ARDA's seminars and workshops provide railroad professionals with quality information and industry discussion of the current issues facing railroad development. A balance of programs and interests has been the norm covering environmental, industrial development, business development, real estate, technology and law issues. ARDA would not have survived this long without our friends and sponsors supporting the organization's efforts.
ARDA offers sponsorship opportunities either on an annual basis or at one of our events. To sponsor ARDA please complete this form, or visit our sponsorship page for more information.
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Save the Date for the 2016 Annual Meeting!
The 2016 Annual Meeting will be held in Las Vegas, NV at the Renaissance Las Vegas hotel from July 24-27, 2016. Registration will open in Spring 2016, but save the date today!
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The American Railway Development Association (ARDA) is a not-for-profit educational trade association founded in 1906 to promote Economic Development, Real Estate Development, Technology, and Environmental Activities of the North American Railroads.
The objectives of the Association are to foster the industrial, real estate, natural resources, market development activities and environmental concerns of the North American railroads; and through the advancement of ideas and education of its members, further promote the effectiveness of railway development and related work.
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Thank You ARDA 2014 - 2015 Sponsors
PLATINUM:
Kansas City Southern
GOLD:
AECOM ARCADIS Bartlett & West BNSF Cardno CSX HDR Norfolk Southern Corp. NRCMA
SILVER:
Clear Channel Outdoor CN GEI Consultants JLL
BRONZE:
Florida East Coast Railway Green Group Holdings Herzog Contracting Corp. LJA Engineering, Inc. Omega Rail Management ProSource Technologies
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New Members since August
Jed Franzen Director of Right of Way Air Liquide Large Industries U.S. LP
Bradley Gordon Manager, Real Estate Patriot Rail Company LLC
Mike Grim Industrial Development Manager Norfolk Southern Corporation
Kari Harris Manager, Environmental Impact (US) CN
Angie Morrow Senior Project Scientist Cardno
Gordon Strout Sr. Project Manager ARCADIS
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