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2019 Florida Seminars

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Railroad Rights of Way #9655 and The Art of Retracement #9656

Speaker: Gary Kent, P.S.  

8 Surveyor Credits

October 31, 2019
Comfort Suites, 2201 N. Commerce Pkwy, Weston, FL 33326


Railroad Rights of Way #9655 and The Art of Retracement #9656
Speaker: Gary Kent, P.S.  
8 Surveyor Credits
November 1, 2019 

Courtyard Marriott, 6955 Lake Nona Blvd, Lake Nona, FL 32827

Description

Railroad Rights of Way

Professional  Surveyors frequently encounter railroad rights of way in their work as  they retrace boundaries, deal with questions of seniority between public  roads and railroads, address abandonments or reversionary rights, or  guide clients on their needs for easements or licenses over railroad  rights of way. In the process they often face confusion over the status  of a railroad right of way: Is it a fee ownership or just an easement?  Is it abandoned or just inactive? Is it active? How does one know? How  does one find Railroad Valuation Maps and vesting deeds? What about  "Rails to Trails?" In this session, we will review several significant  Federal and Indiana Court decisions regarding railroad rights of way  including Preseault v. Interstate Commerce Commission (U.S. Supreme Court, 1990), Consolidated Rail Corporation v. Lewellen (Indiana, 1997), Clark  v. CSX (Indiana, 2000) and the more recent Howard v. U.S. (Indiana,  2012). We will also exam the National Trails System Act of  1969 and its progeny in order to better understand the whole of the  debate over "Rails to Trails" and how the standing of a railroad's right  of way can be perplexing.


The Art of Retracement

Every professional surveyor across the Unites States knows the phrase “Follow in the Footsteps” as it relates to conducting a boundary retracement survey. But what  does it really mean and what is the basis for following the footsteps?  And exactly whose footsteps are we talking about? Surveyors also know  the effect of the statute of frauds is that what is written in the  conveyancing document is considered by the courts to be the highest and  best expression of the parties’ intentions. But what happens when the  evidence of the footsteps on the ground conflicts with the written  title? What if there are seemingly no footsteps to follow? What then? In  this program we will explore the concept of retracement, how it relates  to and is dependent on the document of conveyance, and what controls  when conflicts are inevitably encountered. When armed with a full  understanding of the concept of retracement, surveyors will be much  better equipped to help steer their clients (and their affected  neighbors) away from the pain and cost of litigation, and towards an amicable solution  based on well-placed confidence and understanding of their respective  roles and responsibilities.



CE Provider #90

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