Railroad right-of-way issues cause problems

Dwayne Sullivan, left, looks over drawings of an apartment development with Shelbyville Mayor Wallace Cartwright. The development came into question after Sullivan learned that property he thought he owned actually belongs to Walking Horse and Eastern Railroad. (T-G Photo by Brian Mosely) [Click to enlarge] [Order this photo]

A question about drainage and the true ownership of land arose before the Shelbyville City Council Tuesday.

Dwanye Sullivan addressed the council about problems he encountered with an apartment development he owns, or thought he owned until he discovered that part of it was actually property of Walking Horse and Eastern Railroad.

The development in question is at Thompson Street and East Lane Street. Sullivan said he discovered after beginning construction that the railroad's right-of-way extended 100 feet from the center of the tracks.

Sullivan was under the impression that the right-of-way was only 25 feet from the tracks. The city had already approved the plans for the development and Sullivan was already in the process of construction.

Drainage at the site from a detention pond had been angled toward the railroad tracks. City manager Ed Craig said that the amount of water was no greater than it was before the structures were built on the land, but because the amount was concentrated, the railroad was not going to allow it for fear that it would undermine the tracks.

Shelbyville's planning department and engineers came up with a method to solve the drainage problem and redirect the water. Craig said that the public works department can do the work and Sullivan would not be out any money to fix it.

Craig said he felt bad about the situation because the city had already approved the structure and design. To spend the $2,400 to fix the drainage issue would require council approval.

Craig said the ownership issues with Sullivan will be a topic for the Railroad Authority to address later this month. Craig said the railroad was only concerned with the first 25-foot right-of-way in the matter and should be willing to convey the other 75 feet to the property owner.

Mayor Wallace Cartwright said Sullivan's drawings showed the right-of-way only extending 27 feet from the tracks at the edge of the property.

Councilman Al Stephenson took issue with the matter, demanding to know why the city's planning and codes department or the planning commission didn't spot any problems with the ownership dispute.

Craig answered that no one with the city knew about the right-of-way issues. When a developer brings in a site plan for approval, the city checks the ownership records to see who owns the property, Craig said.

During the design process, the developer's surveyor or engineer is responsible for identifying all easements or right-of-ways on the property, Craig said, but in this case, the surveyor did not identify where the right-of-way was located.

Craig added that the deed of the property stated it was subject to the railroad's right-of-way. He also added the railroad right-of-way varies as it goes through Shelbyville, being 30 feet from the tracks at some points, while extending 200 feet at other locations.

"The only way we would know that the right-of-way existed there (would have been for it) to be identified by the people presenting the property documents to us," Craig said.

Since the issue arose, the city has obtained all of the drawings from the railroad showing where the right-of-ways exist so they will know if there is a potential problem, but Craig stressed that a property owner must identify what he owns.

"We can do no more than go to the property tax records and assure ourselves that he is the owner of the property," Craig said.

Craig said another possible property dispute was avoided after the city became aware of the right-of-way issue.