Letter: Railroad clarifies stance on crossing dispute

Commercial Dispatch, The (Columbus, MS)

Since 1996, the local employees of Luxapalila Valley Railroad (LXVR) have provided safe and efficient freight rail service from the national rail network to industries in eastern Mississippi and western Alabama. LXVR is undoubtedly woven into the fabric of the communities along our 29 miles and strives to be a good neighbor every day. Naturally, our railroad tracks and rights of way are equally embedded into the communities we operate throughout.

LXVR owns a 50-foot right of way (25 feet on each side of the track) that bisects two pieces of property owned by Lowndes County resident Ed Atkins. LXVR became aware of Mr. Atkins's concerns last year and has been more than accommodating in attempting to resolve them in a safe and responsible manner. While previous owners of the rail line might have had an understanding with Mr. Atkins to access that right of way, LXVR has no record of such an understanding and, under our current operating policies, cannot recognize informal arrangements made with prior owners.

However, as previously stated on multiple occasions to both Mr. Atkins and his attorney (Mr. Hudson), Mr. Atkins can request that a formal crossing be put in place. The simple process would require Mr. Atkins to fill out a single application and provide evidence of basic liability insurance through his homeowners' policy. We have also consented to waive the fee that typically accompanies the application, an offer that still stands for Mr. Atkins.

While some might find it burdensome for a landowner to endure such a formal process, it is important to note that railroads are private property that can be dangerous for non-railroaders to be around. Furthermore, they are heavily regulated by the federal government, which entrusts LXVR to safely operate through the communities along its line. These simple steps are merely designed to document and grant legal and safe access to this active segment of rail.

To demonstrate the need for accountability and a formal process, it has come to our attention that someone has created a "makeshift" crossing on Mr. Atkins's property to provide him with immediate means for crossing LXVR's right of way. This has been done without LXVR's knowledge or consent. Altering track in any way not only constitutes trespassing and vandalism but jeopardizes the safe operation of trains over that track and could put LXVR's employees and community members in harm's way. We urge anyone who is doing this to please cease immediately. Instead, please encourage Mr. Atkins to use the proper channels to safely and promptly gain the access that he seeks.

LXVR assures Mr. Atkins and the community that our primary goal is to safely deliver critical goods to area businesses.