H.J.R. 5

1

RESOLUTION ON ABANDONED RAILROADS'
2 RIGHTS OF WAY
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Carl R. Saunders
6 A JOINT RESOLUTION OF THE LEGISLATURE URGING THE UNITED STATES
7 CONGRESS TO TAKE THOSE ACTIONS NECESSARY TO RECOVER LANDS
8 CLAIMED BY RAILROAD COMPANIES THAT ARE NOT CURRENTLY MAINTAINED
9 AND OPERATED AS ORIGINALLY INTENDED BY CONGRESS.
10 Be it resolved by the Legislature of the state of Utah:
11 WHEREAS acts of the United States Congress dating back to the 1860's originally granted
12 land and 400 foot rights-of-way to railroad companies;
13 WHEREAS the United States Congress stipulated that, should the time come when the land
14 and the railroad should fail to be operated due to lack of use, maintenance, or abandonment, that
15 the land should then be returned to the United States Government;
16 WHEREAS there are old railroad rights-of-way in the state of Utah that have been unused,
17 abandoned, or the tracks have been removed, for many years;
18 WHEREAS the railroads are presently continuing their claims to the properties in question;
19 WHEREAS this situation is a perplexing problem which creates continuous hardship for
20 the owners of land adjacent to those rights-of-way;
21 WHEREAS it clouds issues of title which arise and most title companies refuse to write
22 title insurance upon properties which overlap those boundaries claimed by the railroads;
23 WHEREAS the United States Government, after rightfully taking back those lands, could
24 resolve the title issue by giving quit claim deeds to the adjacent property owners over to the center
25 line along the narrow tracts of land;
26 WHEREAS landowners could be required to stand the costs of recording the deeds and
27 conducting the surveys necessary to establish new property boundaries and descriptions;

1 WHEREAS landowners could also be required to honor any easements, structures, or
2 encroachments that were granted by the railroad while they had, or thought they had, legal
3 ownership; and
4 WHEREAS it is time to finally resolve these railroad rights-of-way issues so adjacent
5 property owners may move forward with their land use:
6 NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah urge
7 the United States Congress to take those actions necessary to recover rights-of-way which railroad
8 companies have ceased to use, maintain and operate, or which they have abandoned, as originally
9 intended by acts of Congress.
10 BE IT FURTHER RESOLVED that copies of this resolution be sent to the President of the
11 United States Senate, the Speaker of the United States House of Representatives, and the members
12 of Utah's congressional delegation.




Legislative Review Note
as of 12-30-96 1:59 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

- 2 -