Railroad Law and Title Insurance Issues - Oregon Land ….pdf

Railroad Law and Title Insurance Issues William H. Reetz Pacific Northwest Underwriting Counsel North American Title Insurance Company Oregon Land Title Association Spring Seminar March 11, 2017 INDEX 1. ORIGINS OF RAILROADS 2. INTRODUCTION OF RAILROADS TO NORTH AMERICA 3. RAILROAD HISTORY IN THE NORTHWEST AND WASHINGTON 4. DECLINE AND RESURGENCE OF AMERICAN RAILROADS 5. FEDERAL REGULATION OF RAILROADS 6. OVERVIEW OF STATE AND FEDERAL CASE LAW 7. RAILBANKING AND RAILS TO TRAILS 8. SAMPLE TITLE EXCEPTIONS 1. Origins of Railroads Railroads derive from what were known as “wagonways” which were simple cut grooves or pathways intended to reduce friction in the transport of people or cargo. According to Wikipedia, the first evidence of some form of a wagonway goes back to ancient Greece. Primitive improvement occurred mostly during the sixteenth and seventeenth centuries in Germany and England given the need to move heavy loads of ore and coal. Wooden rails came to be replaced by cast iron rails which proved susceptible to breakage. Wrought iron rails were an improvement but also suffered breakage though at a higher threshold. Steel rails developed through the Bessemer process not only suffered far less breakage than iron but steel’s strength allowed for heavier locomotives and loads. The earliest steam engine was developed in the early 1800’s and the first steam locomotive in 1804. The first full-scale working railway is attributed to Richard Tevithick in 1804. The development of the first successful locomotive is attributed to a George Stephenson, the “Father of Railways”. His rail gauge of 4 feet 8 1/2 in