"I think I can....I think I can....I think I can"....
We have all read those words in the children's book of "the Little Engine that Could", it's a story of perseverance and believing in yourself. Sometimes though in real life, that little locomotive engine becomes more than what it is,...it becomes a huge conglomerate, a corporation, an entity unto it's self.
The other day my mom gave me a booklet she had received in the mail and wanted me to look up the information on-line and explain to her just what the booklet was about. I delved into the book and googled the website url given in the book/pamphlet that was listed and read up a little on the material. It has to do with a case trying to be settled out of court by the optic fiber cable companies and landowners with property they may have next to a railroad where fiber optic cable was buried.
Pretty boring and mundane stuff I thought at first glance, but I have to admit the more I read on the website and booklet the more intrigued ....and incensed I got.
Years and years ago, the railroad was built on "corridors" of private land and were given easements on the properties for the maintaining and running of their railroad. The Fiber Optic Cable company in an agreement with the railroads, proceeded to bury their cables on the railroad's easement in order to bypass all of the landholders it would have required to garner permission from to bury the cables. Hence a class action suit was filed by a private landowner, that later lumped all landowners within this case.
Pretty sneaky when you think about it.
Now unless you were born in the 1800's, chances are any railroad corridors were already cut and dried years ago....Easements were obtained and the railroad acquired rights in that easement. Just think of the untold amounts of money they would be able to obtain for letting whichever companies they decide to use those easements. You may own the original property, pay taxes, maintain upkeep in a huge part of that easement, but in the end it's not really up to you how your property can be used. I understand all of that part, it's like the utilities that put up telephone poles in your yard, street maintenance, sidewalk maintenance, which the city owns the easements too. At times it doesn't seem quite right though, and I can understand why this has caused a furor with the fiber optic cable companies. I am a bit perplexed as to why the railroad companies weren't included in the case. I think there is some guilt that lies at their door for profiting and future profiting for an easement obtained for their original means of business.
I know a lot of people will read their pamphlet/booklets and think automatically they will become rich. In the settlement, they will be paid per foot for the easement used by the fiber optic companies. From there, things become a little more confusing. How much you will be paid will depend on what kind of "corridor" the railroad runs in that area, when and what kind of easement was obtained and a bunch of other gobbledygook for their basis of payment. It can run anywhere from 13 cents a foot to a couple of dollars. If you were a farmer with acres and acres you might see a considerable profit. I am guessing that most people will only see a fraction of what they hope for. In exchange for this settlement payment you will be giving the fiber optic cable companies a PERMANENT easement that can and will cover a significant distance. The exact distance I can't find listed as of yet.
I think that is what bothers me most. The cable company already has what they want. Their cable buried on private property. In the terms of the settlement, they will also have their own easement which they can then use as the railroad did to garner more profits from other companies for use of that easement. If you do nothing, the easement is AUTOMATICALLY theirs. Payment to you will be after several appeals down the road. By then the prices paid per foot could change, if they are paid at all. In order to not be a part of the settlement, you have to option out by sending in a letter with names, addresses, legal descriptions of the property, number of feet, give the case number, everything entailed in their booklet.
I think that is a lot to be expected of the owner of the property in question. I wonder how many property owners who are like my mother and hate messing with anything sounding legal and confusing. My mother has issues with just returning an item to the store. She hates hassle. Numerous times she will give me an item and receipt and ask me to return it for her. If I don't, it will end up being something stuck on a shelf, never used, and collecting dust.
Maybe I am wrong, but I have told her to option out of the settlement. It will require me typing up the letter for her, finding all the legal information, go walk off the property to gauge the amount of feet it involves and helping her to get it all situated and mailed off by the due date.
It makes me do a small burn when I think about it...
That little engine that had self doubts sure has grown up...now it thinks it really can do anything...
