CSX Private Crossing Agreement: What You Need to Know
If you own property adjacent to a railroad track and need to access it frequently, you may have heard of a CSX private crossing agreement. This document, usually referred to as a private crossing agreement, is a contract between a property owner and CSX Transportation Inc. that allows the owner to build and maintain a private crossing over a railroad track.
Why Do You Need a Private Crossing Agreement?
In general, railroads have the right of way over private property and can deny access to anyone who wants to cross their tracks. However, in some cases, the railroad company may agree to a private crossing if certain conditions are met.
A private crossing agreement is needed to document the terms and conditions of the crossing. The agreement specifies who is responsible for constructing and maintaining the crossing, who has the right to use it and under what conditions, and what safety measures need to be in place to ensure the crossing is safe for all parties involved.
What’s Included in a Private Crossing Agreement?
A private crossing agreement typically includes the following terms:
1. Location and Description of the Crossing: The agreement should clearly identify the location of the crossing, including the specific track(s) to be crossed, and describe the type of crossing to be installed (e.g., a grade crossing, a tunnel, or a bridge).
2. Responsibilities of Each Party: The agreement should clearly outline the responsibilities of each party involved. The property owner usually bears the cost of constructing and maintaining the crossing, while the railroad company is responsible for inspecting and approving the crossing.
3. Insurance Requirements: The agreement should include insurance requirements, such as liability insurance and property damage insurance. The property owner may be required to provide proof of insurance coverage before construction begins.
4. Safety Measures: The agreement should specify the necessary safety measures, such as warning signs, lights, barriers, and/or bells, to ensure the crossing is safe for both the property owner and the railroad company.
5. Indemnification: The agreement should include a provision for indemnification, which means that the property owner agrees to hold the railroad company harmless from any claims arising from the use of the crossing.
What Happens If You Don’t Have a Private Crossing Agreement?
If you cross a railroad track without permission, you are committing trespass and violating federal law. You could face steep fines and legal action from the railroad company. Additionally, if someone is injured or killed while using the crossing, you could be held liable for damages.
Having a private crossing agreement in place can help protect you from legal and financial risks associated with crossing a railroad track. While the process of obtaining a private crossing agreement can be lengthy and complex, it’s a necessary step for anyone who needs regular access to their property across a railroad track.
In Conclusion
A CSX private crossing agreement is a legally binding contract that allows a property owner to build and maintain a private crossing over a railroad track. The agreement outlines the terms and conditions of the crossing, including location, responsibilities, insurance requirements, safety measures, and indemnification provisions.
If you need to cross a railroad track to access your property, it’s essential to have a private crossing agreement in place to protect yourself from legal and financial risks. Contact CSX Transportation Inc. for information on how to obtain a private crossing agreement.
