State DOT said working on rail crossing solution

Jana Mathia, Gazette Reporter | Feb 08, 20180

Washington State Department of Transportation is making changes to its railroad crossing permit procedure for landowners, especially those along the now-dormant line between Pullman and Colfax.

“This is a unique section of line,” said Barbara LaBoe, WSDOT communications.

According to LaBoe, the crossing issue is still a work in progress.

“We’re in the process of drafting an easement agreement rather than requiring a permit and insurance,” she stated in an email to the Gazette.

The easement is still under review. Richard Old, Pullman, said he has been told it will be everything he wanted, but is skeptically awaiting to see. Old is a landowner who addressed Whitman County commissioners in January about his issues with getting a permit at a crossing his family has been using for 80 years. He discovered his private crossing was closed in 2013 which prevented him from building on his family’s land. When he received the crossing permit agreement from WSDOT, he had several issues with the permit agreement including insurance, perpetuity, un-specified fees and indemnification.

The new easement is supposed to address those concerns. The easement would be for the property, not owner, as the permit was, and therefore transfer with sale of the property. Standard “hold harmless” language is expected to resolve any indemnification concerns.

LaBoe stated WSDOT is working with the attorney general’s office.

The easement would be available to anyone along a rail line no longer in use. WSDOT is still exploring options for landowners who have crossings over active rail lines on their property. Lack of access can prevent development or sale of land.

“The immediate focus is on the easement documents as that’s a pretty straightforward process, but we are still exploring best options for the other landowners,” LaBoe stated.