I know of at least one locomotive that has sat in a railroad yard for the past 15 years without anyone doing anything to it. Attempts to contact it "former' owner have been fruitless. I suspect that this person passed away a long time ago.
My question: Does anyone know of a legal means (if there is one) of acquiring this locomotive(ALCO S-1 diesel)or any locomotive without problems OR does one just go in anf take it ?
What is defined as abandoned legally ?

You definitely cannot just take it. It may be abandoned in the sense of receiving no attention, but that does not mean it is free for the taking. Assuming that the engine is on private property, it would be trespassing just to walk up to it and inspect it.

Regardless of its status, it has an owner. You need to find the owner, and see if he or she wants to sell the engine. Even if they are willing to give it away to get rid of it, you need to secure that agreement. If you can't find the owner of the locomotive, find out who owns the land where it sits, and contact them. It can be a lot of work, but it is the only way to acquire the engine if it is possible to do so.

A related question - what do you do if you're the landowner stuck with the abandoned old goat? We've got a small Vulcan that's owned by a former member. Two other members tried to buy it from him some time ago but he wouldn't even acknowledge the offer. The thing is a real thorn in our sides.

I'm certainly not a lawyer, but in that case, I think you could serve an eviction notice, requiring him to move it or lose it by a certain date. If he called in a scrapper, the members might then buy it from the junkman. The museum might also start charging storage fees, which if not paid, might result in your acquiring title by default. No doubt this would cost something in legal fees, which might be better spent elsewhere if finances are tight.

One of the Chicago, Ill. commuter rail agencies had this problem when they bought a yard and engine house with a privately owned steam loco in it. Eventually they got a court order allowing them to dismantle it, but the order didn't seem to give them ownership or permission to sell it with good title. There must be more to the story, but I don't know the link....
Dick Jenson might tell.

A miller on New Hope & Ivyland RR in Wycombe, Pa. found that the railroad was storing an old coach on his coal trestle when he started to tear it down. The side track agreement did allow the railroad to put equipment on vacant parts of the siding, possibly to cover emergencies or the Hog Law (a crew running out of Hours of Service while switching the trestle). The railroad didn't remove the coach as fast as the demolition crew was working, and vibrations got it to start rolling down hill onto railroad property. It was hard to find a lawyer on contingency to sue to have the trestle restored so the coach could go back!

Some twelve years ago I purchased two abandoned passenger cars from a Class One. Their local attorney perfected abandonment in the local courts, and then they sold the remains to me for $500 each and "other" considerations. Some jurisdictions would probably require a sheriff’s auction.

It's doable; but you need the cooperation of the property owner.

Steve Zuiderveen

Unless you are the owner of the yard, your only option is to find the rightful owner and convince him or her to sell.




The cleanest method would be to serve the owner with notice that you will begin charging a storage fee. The "storage contract" should specify the rate (something high-but-believeable, like $1,000/month), that the owner will be invoiced monthly, that invoices are due upon receipt, that items may be seized and sold to pay overdue storage fees, that storage fees are subject to change, and that placing or leaving owner's property on your property constitutes acceptance of the agreement. (Ideally you'll get a lawyer to write this up, but a standard mini-storage contract will have good language you can crib.)

If he doesn't move it and doesn't pay, after payments are 90 days overdue, send him notice and start looking for buyers. If he does start paying, start raising the rates.

You win either way. Or as Clyde Edgerton says when he answers the phone, "Clyde's Veterinary and Taxidermy Shop - either way you get your cat back!"

JAC

I should point out that the track is owned by CP Rail who does not use this siding it sits on.
I have tried to contact the owner who lived in another state with no success.
The locomotive is now in bad shape. It no longer has couplers and has been vandelized. The engine block is cracked, all windows gone and many cab items missing or damaged. It will only be useful as a static display or scrap.

How about using Google and/or some of the on-line obituary search sites to see if the person is known to be deceased?
An obituary might also point to survivors or an executor.

We found a useful-looking Burro crane on property that had been sold off by CN. It took considerable work to make CN realize that they still owned it, but when they did, they gave it to us. With a new battery, it fired up and winched itself onto a highway trailer. Miracles occasionally happen, with a little work.

John C.,

If you have not gotten anywhere with the owner of the Alco, I would contact the property owner (in the case CP rail) an explain to them your interest in preserving and more importantly removing the Alco from CP Rail property. The reduction in possible liability by removal of the equipment may perk their ears up somewhat. Let them know what your exit strategy is. You never know but they may have been trying to get the owner to remove the item too.



Matt,

I would send a formal letter from your organization to the "former" member explaining to him why the equipment is a "thorn in your side" and why you would like it removed from the property. Let him know you want a response within 30 days. If you get no response from that then I would go to the lawyers.

CV the civil E

Then there's the abandoned forlorn Vulcan critter sitting in Wilkes-Barre, PA. But this one may have a happy ending. A gentlemen from the area intends to restore it to operating condition, and hopefully run it on track in the complex which it now sits. This complex off Wilkes - Barre Blvd. used to be a motel using old RDG. MU's for rooms, and will now be a transportation center, with the existing CNJ. station still standing across from the old Stegmeier brewery, hopefully with rail connections. So the local politicians say.

Ed K. cp Laurel Run
www.dieselairhorns.com