Endangered RR CorridorsEx-Urban Encroachments

Dennis KearnsLegislative Counsel

Austin, Texas

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RR Corridor Traits

Single Track MainlineMeets at Sidings: Overtake or Pass OppositeDistance between sidings, length of sidingsGrade crossing(s) at sidingsDispatcher’s use of siding to organize

“meets”Double Track Mainline

Passing Train Speeds/Visibility

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Adjacent Property

ROW ownership ususally 25’, 50’, 100’Width limited for maintenance, liability, tax, cost

reasonsRR inability to control “neighboring uses”Unincorporated areas: no zoning or land use

controlHistorical vs. recent uses for both RRs and

“neighbors” (i.e. RR expansion for new terminal, “First in time, first in right”

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Train’s Footprint

Idling Locomotive’s VibrationsBlocked at grade crossing restricting

community ingress/egressLocomotive Emissions: Exhaust, Air Brake

ReservoirCrew Change; Crew Refreshment BreakBreak Train shortcomings

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Community Expectations

Subdivision Developer’s RepresentationsPurchaser’s Due DiligenceRR Role in “Disclosure”Reasonable Accommodation by RRsCommunity Awareness &/or Education on RR

operationsPlacement of EMS/Fire/Police, Schools in

relation to access across RR

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Growing Conflict

Urban Land Institute: Half of Population live in Urban Centers http://www.uli.org/reports/i18

Megalopolis Trends: Lincoln Land Institutehttp://www.lincolninst.edu/pubs/PubDetail.aspx?pubid=1039

Commuting Trends: Alan Pisarskihttp://alanpisarski.com

Freight-Rail Bottom Line Report: AASHTOhttp://freight.transportation.org/doc/freightrailreport.pdf

General Infrastructure Funding Crisis

http://www.aar.org/Newsroom/Capacity_Investment_study.asp

http://www.transportationfortomorrow.org/

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Social Equity - Megapolitans

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Factors Driving Railroad Growth

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Public Policy

Land’s Highest and Best UseCommunity LivabilityGlobal Marketplace LogisticsModal Shifts & Economic DriversEnvironmental Justice

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Examples of Freight Rail PPP Public Benefits

Chicago Regional Environmental and Transportation Efficiency

Funded by the freight railroads, Metra, Federal Government, Illinois, and the City of Chicago.

SAFETEA-LU funding - $100 millionPublic benefits:

$1.1 Billion related to air quality improvements

$595 Million related to motorists, rail passengers, and safety

CREATE

Brighton Park

Reduction in highway needs and construction costs will yield more than $10 Billion in savings for the nation over 20 years

Note “gentrification” redevelopment occurring in the background . . .

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Social Equity

As the use of freight rail has surged in recent years, issues of land encroachment are becoming problematic. Examples of this are:

1. Increases in train frequency near established residential areas

2. The “gentrification” of urban industrial areas

3. New development close to rail lines and facilities

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Wrong Side of the Tracks?

Environmental Justice begins where?

Land near tracks (and other industrial uses/toxic sites) is inexpensive and generally habited by those lower on socioeconomic strata.

Yet…inner core urban gentrification resulting in development @ RRs

“it’s neither possible nor desirable in a free society to have all groups living equally close to everything--be it libraries or landfills…even the old Soviet Politburo would have a hard time pulling that one off. The mere fact of disparate impact is not evidence of intentional discrimination in the placement of industrial facilities – it’s just economics.” Michael Steinberg, D.C. lawyer for chemical industry quoted in 9/2/07 NY Times article: Not in Whose Backyard.

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A Neighbor’s Frustration

Hello, my name is **** and I am a resident in Royal Lake Estates in Richmond Texas.  Our neighborhood is situated right next to railroad tracks that bear your name.  I have never lived near railroad tracks and have a few concerns I was wanting to address.

First, our neighborhood has only one entrance/exit which is very often clogged with traffic due to trains.  I have had several experiences with sitting at the railroad crossing for more than ten minutes and one experience where we sat for 26 minutes.  In that particular instance, there were two trains which both stopped right in front of our one entrance/exit and they just sat there.  Sometimes I see the trains split up and things like that, but these two seemed to just be stopped.  My concern with this is that I have 3 small children and what if I were on my way to rush one of them to the emergency room?  How would I get through two stopped trains?  I never even physically saw someone, so i couldn't even explain to the conductor that I would need to get through.  As a concerned citizen and parent is there anything you can tell me that would help me if that situation ever were to arise? 

Secondly, even if there is no emergency, is there anything protecting us from getting stuck at railroad crossings indefinitely?  I mean it seems that we just sit there until the trains finish whatever they need to do.  Is there a time limit to which in a normal non emergency situation the trains must adhere to?  I am fully aware that railroad crossings are just a part of the transportation community and in no way am I saying I never want to get stuck at a crossing, but sitting for 26 minutes just seems wrong and unfair to those of us with destinations and timeframes to meet.  And in many instances if the trains were at least moving and we could see that the crossing would soon be clear, that would be nice.  It is the times that the trains come to complete stops and we just sit, not knowing how long it will take for them to move and finally 26 minutes later, they slowly make their way on. 

It is fair to say I am very frustrated and concerned and just would like to know as a  citizen what recourse I have in these situations.

Thank you for your time.