We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What Is a Railroad Right of Way?

By Barbara Wells
Updated May 16, 2024
Our promise to you
MyLawQuestions is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At MyLawQuestions, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

U.S. railroad construction began in the 1820s with the New Jersey Railroad Company and spread rapidly. By 1850, East of the Missouri River had about 9,000 miles (14,484 kilometers) of track. In 1862, congress signed the Pacific Railroad Act and by 1869, the transcontinental railroad was completed. To encourage railroads in Western U.S., Congress granted "right of way" to run tracks across lands. Initially, the right of way granted a fee. After the Railroad Act of 1875, the right of way granted an easement only, no fee. Therefore, a railroad right of way is a right of passage through the public lands of the U.S.

In general terms, easement is the right to use another's property for a specific purpose. Specifically for railroad construction, easement refers to the right to cross or use a land for a specific purpose. A common misconception is that easement gives one ownership of the land. However, easement for railroads is simply a right of use and occupancy and does not mean that the railroad company has a right over the land itself.

Congress began granting railroad right of way to companies in 1835. In 1875, Congress adopted a general law codifying the practice. The changes produced by the railroads' grants of easement had positive effects by encouraging and directing immigration and promoting tourism. Before the age of automobiles and highway systems, such easements were necessary to create a vast transportation network.

When a railroad company ceases to use the land for the purpose for which the easement was granted, the condition reverts. This means that easement no longer applies. In cases where a railway company purchased a property for railroad construction, naturally, its rights are unaffected even if rail service is discontinued.

MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

By anon1005854 — On Dec 05, 2021

The railroad operates using antiquated technology and they do not spend any money upgrading their tracks or the infrastructure they sit upon. I'm from Council Bluffs, Iowa, and the Union Pathetic regularly denies 911 access to entire neighborhoods. They abuse these laws that are over 150 years old, and they operate rail yards and lines that encompass 45% of all land inside our city limits.

This has prevented my city from growing and prospering. We cannot attract companies that provide good paying jobs. They destroy city sewers and streets and shake apart the foundations of hundreds of homes within a mile of their tracks. The railroad does more damage than good and it's pathetic that this new infrastructure bill, just passed, doesn't address reorganizing and relocating rail yards or tracks!

By LisaLou — On May 28, 2011

I find it interesting that once a railroad is no longer in use the property right of way goes back to its original owner. That could be fairly complicated if the railroad hadn't received so much land from the government as they were building the railroads.

I know the railroad industry is still important, but not used nearly as much as it was years ago. You wonder what will happen to all of the land with so many abandoned railroads.

By bagley79 — On May 26, 2011

It is interesting to think about how the railroad industry shaped the United States so many years ago. There are still many railroads in use today, but many of them are no longer used.

I have a friend who has made a career working for the railroad and was once shown a copy of the railroad right of way maps for the particular railroad he worked for. That was a lot of right of way privileges, and this was just for a particular section of the country.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.