Nov-12-F-RR-Right-of-Way-photo-S

Shelburne Selectboard approves new policy for town highway rights-of-way at railroad crossings on Champlain Drive and Pine Haven Shores Road. Photo by Heather McKim

The Selectboard approved a policy for laying out new town highway rights-of-way at railroad crossings on Champlain Drive and Pine Haven Shores Road. This was a significant step forward for homeowners on those two streets in their journey toward having official easements to their properties.

Management intern for the town of Shelburne Ann Janda said the issue of right-of-way first became a problem for residents around 2008 when the recession hit. Mortgage companies started tightening restrictions for lending, and that was when it became clear there was a problem for homes on the west side of the private railroad crossings of Champlain Drive, Pine Haven Shores Road and Windmill Bay Road. Lenders began refusing to lend money to prospective buyers for these properties due to the crossings being only farm crossings.

Champlain Drive has more than a dozen homes west of the railroad crossing, and Pine Haven Shores Road has about 20. While things are heading toward a resolution for residents of these two roads, a solution has not yet become apparent for Windmill Bay Road. The fact that it is a private road beginning on the west side of Route 7 poses challenges not presented by the other two roads.

“There is no language in homeowner deeds that gives them legal easement to cross to the other side of the tracks,” Janda said. “Long ago, maybe 100 years, the railroad gave landowners the right to cross the tracks but nothing was ever formal. It was an antiquated situation never resolved.”

In 2010, Vermont Agency of Transportation (VTrans) and Vermont Railway offered residents a formal solution. The terms of their private crossing agreement included millions of dollars of liability for homeowners and it was flatly rejected by the residents.

“The language in the railroad’s agreement gave me pause because it gave the homeowners major responsibility of what happens at the crossing,” Janda said.

Upgrading the roads to class 3 town highways was entertained, but this option would have cost residents hundreds of thousands of dollars to upgrade their private roads to public.

Public roads are classified for the purposes receiving aid and are categorized as class 1 through 4. Champlain Drive and Pine Haven Shores Road are private roads west of the railroad tracks, not considered highways and the town is not responsible for any maintenance for them.

A class 1 town highway is an extension of a state highway route. Class 2 are selected as the most important highways in each town. Class 3 are roads other than class 1 or 2 highways that the Selectboard determines. Class 4 roads are all other public highways, and in Shelburne these roads are not included in their maintenance schedule.

The effort to reach a fair and equitable agreement has been a long one. Many people have played a role in getting there, including Representatives Joan Lenes and Kate Webb. It was Vermont’s Office of Legislative Council attorney Helena Gardner who came up with the idea to lay out a class 4 road in a westerly expansion at the crossings, Janda said.

Janda said the agreement is a win for everyone. Residents finally have proper easement to their properties and do not get hit with significant costs for upgrading the road, nor does the town get stuck with road maintenance costs. This solution allows for the crossings to become public without the town having to take responsibility for maintenance. And the liability at the crossing remains with Vermont Railway.

As part of the agreement, homeowners agree to pay all costs associated with making the crossings public, which will be about $6,000 for each of the two crossings. They also agree to never petition the town to upgrade the crossings from a class 4 status. This includes a clause that extends to future residents as well.

After the agreement is signed by the residents, it will need to get final approval from VTrans and Vermont Railway. Janda said that should happen within the next few months. This will be followed by the process of actually laying out the right of way, public hearings, surveying and other steps. How long these steps take will depend on a number of factors including what the deed research reveals.

(0) comments

Welcome to the discussion.

Keep it clean. Please avoid obscene, vulgar, lewd, racist or sexual language.
PLEASE TURN OFF YOUR CAPS LOCK.
Don't threaten. Threats of harming another person will not be tolerated.
Be truthful. Don't knowingly lie about anyone or anything.
Be nice. No racism, sexism or any sort of -ism that is degrading to another person.
Be proactive. Use the "Report" link on each comment to let us know of abusive posts.
Share with us. We'd love to hear eyewitness accounts, the history behind an article.