Arkansas Society of Professional Surveyors
The Arkansas Society of Professional Surveyors (ASPS) is a non-profit association dedicated to serving the public interest and advancing the profession of surveying.
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Total Credits: 4 Professional Development Hours
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 in 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?" This program will address all of that and, in addition, delve into the railroad abandonment process and a number of related and significant federal and state court decisions regarding railroad rights of way including Preseault v. Interstate Commerce Commission (U.S. Supreme Court, 1990), Clark v. CSX (2000), Howard v. U.S. (2012), and Marvin M. Brandt Revocable Trust v. US (U.S. Supreme Court, 2014). We will also examine the National Trails System Act of 1969 and its amendment in order to better understand "Rails to Trails" and how timing, and the standing of a railroad's right of way, are critical in attempting to establish trails.
| Reference Materials for Railroad Rights of Way (4.3 MB) | Available after Purchase | ||
Gary Kent is Integrated Services Director for The Schneider Corporation, a land surveying, GIS and consulting firm based in Indianapolis, with offices in North Carolina, Tennessee and Iowa. He is past President of the American Congress on Surveying and Mapping and the Indiana Society of Professional Land Surveyors, and is chair of both the NSPS and the ALTA committees responsible for the ALTA/ACSM standards. Gary sits on the Indiana State Board of Registration for Land Surveyors and is currently vice-chairman. He is a certified instructor for the International Right of Way Association and also teaches part-time at Purdue University where he has received two “Excellence in Teaching” awards. Gary is a regular speaker across the country and he writes columns for “The American Surveyor” (called “Reconnaissance”) and for the ACSM Bulletin.
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