The Nuisance

At last Tuesday’s Fullerton City Council meeting three gentlemen got up to speak about problems they’re having with the Union Pacific Railroad, specifically, the lack of policing along the unused line just south of Imperial Highway.

It seems that members of the homeless “community” have taken up residence along the unused right-of-way with the attendant trespass, trash, peeping-tommery, and even fornication. The residents are sick of it and the railroad has been uncooperative, they say. The situation even made the news.

The speakers at the meeting were quick to thank Nick Dunlap and Fred Jung and the Fullerton PD for their help and numerous calls for police help. Can the City persuade the railroad to do something?

The giant railroad corporation issued a canned and useless response; possibly responding only because a lawsuit maybe be coming.

Since the line (according to reports) hasn’t been used for between twelve and seventeen years, you have to wonder what the UP has in mind. This track is the remnant of the UP line that came northward from Anaheim past the Hunt Wesson plant, know as the “Basta Crossing” and north through La Habra. The line south of the Basta Crossing was abandoned and sold off long a go. Obviously lots of people see the remaining portion as having potential for a rec trail.

Is the ROW legally abandoned through disuse? Not yet. That’s up to an arcane Federal agency called the Surface Transportation Board.  Have prescriptive easements been established where bikers have created an informal parallel trail? I don’t know, and I’m not sure the railroad would even care despite liability issues.