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Oklahoma Association of Municipal Attorneys

Railroads

Jess Kane

Fri, Sep 25, 2020 2:19 PM

Jess M. Kane
Attorney at Law
ROBINETT ǀ KING
ELIAS ∙ BUHLINGER ∙ BROWN ∙ KANE
117 W. 5th Street
500 Professional Building
P.O. Box 1066
Bartlesville, OK 74005-1066

(918) 336-4132 Office
(918) 336-9009 Fax

www.robinettking.com http://www.robinettking.com

ECPA NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. sections 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it.

My municipality is laying a pipeline for water recycling which must cross under a railroad right-of-way. The railroad is being extremely difficult to deal with – you might even say unreasonable. Does anyone have any helpful experience with railroads? Does the City have the power of eminent domain if an agreement cannot be reached with the railroad? The rules of eminent domain seem pretty arcane when it comes to railroads. Jess M. Kane Attorney at Law ROBINETT ǀ KING ELIAS ∙ BUHLINGER ∙ BROWN ∙ KANE 117 W. 5th Street 500 Professional Building P.O. Box 1066 Bartlesville, OK 74005-1066 (918) 336-4132 Office (918) 336-9009 Fax www.robinettking.com<http://www.robinettking.com> ECPA NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. sections 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it.

O'Meilia, David

Fri, Sep 25, 2020 2:47 PM

Jess,

Review 69 O.S. § 1401. It says that a public utility (I think a recycling water pipe qualifies) may use any right-of-way. Case law and AG opinions say this is so, even if a railroad lies in the right-of-way.

Also, the general rule is that a city may not condemn a railroad, but we have seen it happen, IF the railroad's operation is not harmed by the city, and the city has no other alternative.

David E. O’Meilia | City Attorney
City of Tulsa Legal Department
175 East 2nd Street; Tulsa, OK 74103
T: 918-596-7717
F: 918-596-9700
E: domeilia@cityoftulsa.org mailto:domeilia@cityoftulsa.org
www.cityoftulsa.org http://www.cityoftulsa.org/

From: Oama oama-bounces@lists.imla.org On Behalf Of Jess Kane
Sent: Friday, September 25, 2020 9:20 AM
To: OAMA@lists.imla.org
Subject: [Oama] Railroads

Jess M. Kane
Attorney at Law
ROBINETT ǀ KING
ELIAS ∙ BUHLINGER ∙ BROWN ∙ KANE
117 W. 5th Street
500 Professional Building
P.O. Box 1066
Bartlesville, OK 74005-1066

(918) 336-4132 Office
(918) 336-9009 Fax

www.robinettking.com https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.robinettking.com%2F&data=02%7C01%7Cdomeilia%40cityoftulsa.org%7Cb1b835797cba4422136a08d8615e23fb%7C79d58ae020484d8c9c598b1b7dfb4204%7C0%7C1%7C637366404247131700&sdata=q%2FuSXUb5D3QWBSxzsjJtphCdbv%2FiA4Uvc%2FJZT2d1BHQ%3D&reserved=0

Jess, Review 69 O.S. § 1401. It says that a public utility (I think a recycling water pipe qualifies) may use any right-of-way. Case law and AG opinions say this is so, even if a railroad lies in the right-of-way. Also, the general rule is that a city may not condemn a railroad, but we have seen it happen, IF the railroad's operation is not harmed by the city, and the city has no other alternative. David E. O’Meilia | City Attorney City of Tulsa Legal Department 175 East 2nd Street; Tulsa, OK 74103 T: 918-596-7717 F: 918-596-9700 E: domeilia@cityoftulsa.org<mailto:domeilia@cityoftulsa.org> www.cityoftulsa.org<http://www.cityoftulsa.org/> From: Oama <oama-bounces@lists.imla.org> On Behalf Of Jess Kane Sent: Friday, September 25, 2020 9:20 AM To: OAMA@lists.imla.org Subject: [Oama] Railroads My municipality is laying a pipeline for water recycling which must cross under a railroad right-of-way. The railroad is being extremely difficult to deal with – you might even say unreasonable. Does anyone have any helpful experience with railroads? Does the City have the power of eminent domain if an agreement cannot be reached with the railroad? The rules of eminent domain seem pretty arcane when it comes to railroads. Jess M. Kane Attorney at Law ROBINETT ǀ KING ELIAS ∙ BUHLINGER ∙ BROWN ∙ KANE 117 W. 5th Street 500 Professional Building P.O. Box 1066 Bartlesville, OK 74005-1066 (918) 336-4132 Office (918) 336-9009 Fax www.robinettking.com<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.robinettking.com%2F&data=02%7C01%7Cdomeilia%40cityoftulsa.org%7Cb1b835797cba4422136a08d8615e23fb%7C79d58ae020484d8c9c598b1b7dfb4204%7C0%7C1%7C637366404247131700&sdata=q%2FuSXUb5D3QWBSxzsjJtphCdbv%2FiA4Uvc%2FJZT2d1BHQ%3D&reserved=0> ECPA NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. sections 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it.