Abandoned railroad land could vest to the U.S.

The request to abandon the now idle railroad property between Colfax and Pullman could reach a snag under federal law, according to a report from Kathryn Goodwin, manager of the Pioneer Title Co. office in Pullman. Owners of property along the rail line are requesting the railroad right-of-way be abandoned in the event the state’s P.C.C. rail authority decides to pull up the tracks. The group’s statement pointed out abandonment would result in deeding the railroad property to adjoining landowners that would maintain the property and pay taxes on it.

The group, who sought support from the Port of Whitman at their Feb. 5 meeting, seeks to have the state abandon the property instead of placing it in a rail banking program. Four people attended the port session and said 54 landowners along the railroad had expressed concern to the Department of Transportation about the future of the railroad property. The group calls itself Friends of the Railroad.

Area trail supporters have been urging development of a rails-to-trails project on the right-of-way in the event it goes into a rail banking mode.

Goodwin noted a segment in US Code 43, chapter 21, section 912 that states upon abandonment, formerly utilized railroad properties are vested to the United States. The lone exception is when the properties are a municipality, in which case the land goes to the municipality.

The U.S. code applies to abandonment. If the state moved to vacate the property, then it would revert to adjoining landowners, Goodwin pointed out.

The title company manager added she realizes the railroad topic is a sensitive area for many individuals, but she thought it best to relay the information they have acquired.