News From Terre Haute, Indiana

Local & Bistate

July 6, 2006

Terre Haute officials continue quest to learn who owns railroad spur

Terre Haute officials are trying to determine whether anyone owns a railroad spur in disrepair that crosses city streets.

Roy Davies brought the problem to the city’s attention in May after his wife’s two right car tires were damaged as she drove over the area of First and Chestnut streets. Davies believes the tires were sliced from bolts sticking out of disintegrating railroad ties.

Since then, city employees have been trying to determine who is responsible for upkeep of the tracks.

“If someone wants to claim ownership, then they get to maintain the tracks,” said Kevin Hicks, construction manager for the city of Terre Haute.

Otherwise, the city plans eventually to remove the spur, which runs off First Street onto Chestnut and along a grass patch south to Eagle Street.

“The plan is to probably do a temporary patch — asphalt over them — and then [tear the tracks out] with the First Street project,” Hicks said.

Terre Haute Mayor Kevin Burke previously announced plans for possible acquisition of CSX tracks along First Street. In early 2005, Burke estimated an eight- to 10-year timetable for the project.

Although CSX owns the tracks on First Street, a trainmaster told Davies the railroad company does not own the spur. A CSX spokeswoman has not returned repeated phone messages left by the Tribune-Star.

Hicks, who works in the city’s Department of Engineering, sent letters last month to two landowners adjacent to the spur, the Terre Haute Boys and Girls Club, and Eagle Diversified LLC, a Michigan company that owns roofing materials company Ollesheimer & Sons.

In the letter, Hicks states that it is “necessary to establish ownership of the railroad spur for future reference” and asks companies claiming ownership to contact the city.

Jimmy Smith, director of the Boys and Girls Club, said the club has no interest in the tracks. The not-for-profit owns a parking lot next to the railroad spur.

As of Wednesday, the city had not received a response from the Michigan firm. Hicks said he is awaiting word from the city’s legal department before determining the next step.

Two months after first reporting the problem, first to CSX and then to the city, Davies is frustrated by what he views as a lack of action on the matter.

He continues to worry about the safety of the tracks, especially to passing motorcyclists who he believes could be injured if their bikes struck the bolts.

Davies still hopes to recoup the cost of repairs to his wife’s vehicle, which totaled $680 for new tires and rims. His insurance company has paid for all but $250, he said, the amount of the deductible.

As time continues to pass, Davies said he’s considering legal action in the form of a small claims case.

“I’ve gotten nowhere,” he said of his numerous calls to the city. “It’s to the point where I’ve quit calling them. I figure they’re not going to do anything about it.”

Karin Grunden can be reached at (812) 231-4257 or karin.grunden@tribstar.com.

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