Owl's Nest/Wise Owl, Alton, NH

RailroadJoe · 07-13-2012, 06:14 PM

It only takes one NIMBY to cause problems for all others. They do not care about anything except their own selfish rights, The old rairoad bed should never have been blocked in the first place. Not sure how this person got permission to block a right of way. Like Reagan said "Mr PAIN in the neck, tear down that fence"

Jonas Pilot · 07-13-2012, 07:35 PM

Well said Railroad Joe.

lagoon · 07-15-2012, 09:24 AM

Alan is a good source of information but he could not possibly catch up to what we know about the Railroad Bed in West Alton now. We are hoping to have some news next week regarding this and any experience you or others have had on the Railroad Bed could be important to us particularly if it was from years ago.

Feel free to contact me if you have any questions. I do not want to say more here.

Altonbayicefishingfool · 07-21-2012, 10:37 PM

From some of the comments I have read here, I think there is some great misunderstanding about the old railroad beds and "rights of way"

There is a small section of railbed in Alton Bay that has been in my family since shortly after the rail system shut down. This property abuts the main property but is deeded and tax assessed seperatly from the main piece of land.as the land owner ( as my grandfather as well paid taxes on this property)this is not a "right of way" nor is it public property as some of the town folks think it is!!! Including our fearless (and careless road agent) as one winter decided he was going To dump every square inch of snow from the bay parking onto our property... A little research goes a long way, this being said a lot of that overgrown, sometimes forgotten about railbed is PRIVATE PROPERTY!

Slickcraft · 07-22-2012, 05:58 AM

Much (maybe all) of the rail bed in Alton had originally been taken by the State using eminent domain and then leased to the RR. After the demise of the RR the State deeded the fee interest to the Town. The town then sold the fee interest to many short segments to abutting land owners as noted by fishingfool.

The Town also retained ownership to many segments like the Bay parking area;also near the Police station and near Woodlands Road.

So some segments of the old RR bed are now private property and some are public property.

Resident 2B · 07-22-2012, 03:58 PM

Quote:

Originally Posted by RailroadJoe

It only takes one NIMBY to cause problems for all others. They do not care about anything except their own selfish rights, The old rairoad bed should never have been blocked in the first place. Not sure how this person got permission to block a right of way. Like Reagan said "Mr PAIN in the neck, tear down that fence"

Segments of the railroad bed were offered for sale to the abutting property owners when the railroad stopped operating. Most decided to purchase the abutting segment, converting it to private property.

They have every right to fence in what they own. Perhaps short-term thinking on the Town of Alton's part, but the land owners are completely legal with their fences.

R2B

RailroadJoe · 07-22-2012, 04:12 PM

R2B You are correct on that they own the land. Like I said earlier, when abandoned, many of the rights of way went back to the original owners. Many are still owned by the B&M, like in Rochester and Dover on the old Dover and Winnipasaugee Line. Its just too bad that the few can deprive the majority of easy travel. Glad I'm an old man and can remember as a kid of all the private property I went through and the land owners used to wave. Not any more.

lagoon · 08-04-2012, 11:48 PM

Actually several portions of the former B & M Railroad Bed are different however here is the road law for NH. No matter who owns the road it is not for their exclusive use. You and you abutting neighbor may live on opposite sides of the former Railroad bed and own it to the middle of the road but if it is a road it is not exclusive to you meaning others can use it. There are many other aspects to road law and it does matter if it is a road and then also what class of road. If it is not a town road there still can be established usage that would qualify it as a right of way.

So it is not as simple as they bought it and they own it so they can block it, especially when it comes to the former Railroad Bed. There will be a hearing September 6th at 9:00am at the Belknap County Courthouse about this particular case should you be interested to be there. If you have a further interest please respond.

07-21-2012, 10:37 PM	#4
Altonbayicefishingfool Senior Member Join Date: Jun 2012 Posts: 153 Thanks: 19 Thanked 52 Times in 30 Posts	Note about the old railbed From some of the comments I have read here, I think there is some great misunderstanding about the old railroad beds and "rights of way" There is a small section of railbed in Alton Bay that has been in my family since shortly after the rail system shut down. This property abuts the main property but is deeded and tax assessed seperatly from the main piece of land.as the land owner ( as my grandfather as well paid taxes on this property)this is not a "right of way" nor is it public property as some of the town folks think it is!!! Including our fearless (and careless road agent) as one winter decided he was going To dump every square inch of snow from the bay parking onto our property... A little research goes a long way, this being said a lot of that overgrown, sometimes forgotten about railbed is PRIVATE PROPERTY!

07-22-2012, 05:58 AM	#5
Slickcraft Senior Member Join Date: Mar 2008 Location: Welch Island and The Taylor Community Posts: 3,312 Thanks: 1,230 Thanked 2,100 Times in 959 Posts	Raileoad bed in Alton Much (maybe all) of the rail bed in Alton had originally been taken by the State using eminent domain and then leased to the RR. After the demise of the RR the State deeded the fee interest to the Town. The town then sold the fee interest to many short segments to abutting land owners as noted by fishingfool. The Town also retained ownership to many segments like the Bay parking area;also near the Police station and near Woodlands Road. So some segments of the old RR bed are now private property and some are public property. Last edited by Slickcraft; 07-22-2012 at 01:06 PM.

07-13-2012, 06:14 PM	#1
RailroadJoe Senior Member Join Date: Jan 2010 Posts: 620 Thanks: 259 Thanked 158 Times in 100 Posts	It only takes one NIMBY to cause problems for all others. They do not care about anything except their own selfish rights, The old rairoad bed should never have been blocked in the first place. Not sure how this person got permission to block a right of way. Like Reagan said "Mr PAIN in the neck, tear down that fence"

07-13-2012, 07:35 PM	#2
Jonas Pilot Senior Member Join Date: Apr 2005 Location: Wolfeboro, New Hampshire is my home, 24-7-365 Posts: 1,686 Thanks: 1,047 Thanked 336 Times in 189 Posts	Well said Railroad Joe.

07-15-2012, 09:24 AM	#3
lagoon Senior Member Join Date: Jul 2012 Posts: 87 Thanks: 35 Thanked 17 Times in 11 Posts	Alan is a good source of information but he could not possibly catch up to what we know about the Railroad Bed in West Alton now. We are hoping to have some news next week regarding this and any experience you or others have had on the Railroad Bed could be important to us particularly if it was from years ago. Feel free to contact me if you have any questions. I do not want to say more here.

07-22-2012, 04:12 PM	#7
RailroadJoe Senior Member Join Date: Jan 2010 Posts: 620 Thanks: 259 Thanked 158 Times in 100 Posts	R2B You are correct on that they own the land. Like I said earlier, when abandoned, many of the rights of way went back to the original owners. Many are still owned by the B&M, like in Rochester and Dover on the old Dover and Winnipasaugee Line. Its just too bad that the few can deprive the majority of easy travel. Glad I'm an old man and can remember as a kid of all the private property I went through and the land owners used to wave. Not any more.

The Following User Says Thank You to RailroadJoe For This Useful Post:
Jonas Pilot (07-22-2012)

08-04-2012, 11:48 PM	#8
lagoon Senior Member Join Date: Jul 2012 Posts: 87 Thanks: 35 Thanked 17 Times in 11 Posts	Actually several portions of the former B & M Railroad Bed are different however here is the road law for NH. No matter who owns the road it is not for their exclusive use. You and you abutting neighbor may live on opposite sides of the former Railroad bed and own it to the middle of the road but if it is a road it is not exclusive to you meaning others can use it. There are many other aspects to road law and it does matter if it is a road and then also what class of road. If it is not a town road there still can be established usage that would qualify it as a right of way. So it is not as simple as they bought it and they own it so they can block it, especially when it comes to the former Railroad Bed. There will be a hearing September 6th at 9:00am at the Belknap County Courthouse about this particular case should you be interested to be there. If you have a further interest please respond.

The Following User Says Thank You to lagoon For This Useful Post:
Jonas Pilot (08-05-2012)