David Patton/Democrat-Herald It may look like an uneven game of chicken, but actually the car is following this Portland & Western locomotive down the middle of Water Avenue Monday morning.

At issue: Who should pay for crossing protection

For as long as anyone can remember, a railroad track has run down the middle of Albany’s Water Avenue. Now the city council is asking a court to declare that a long-expired franchise allowing this is still in effect.

If it is, the railroad might have to pay for the cost of any crossing gates along a section of Water Avenue where big development plans are in the works.

The city filed suit April 29 in Linn County Circuit Court against the Burlington Northern Santa Fe, which owns the track, and the Portland & Western Railroad, which leases and uses it.

A regional spokesman for BNSF, Gus Melonas in Seattle, said the company had no comment on the action.

The suit also names the Union Pacific but doesn’t explain why.

The city is seeking a court ruling saying that a 1981 franchise covering the track remains in effect even though it expired in 1986 and was not renegotiated.

The 1981 agreement granted the railroad — first the Oregon Electric and then the Burlington Northern and its successors — the right to use the street for railroad operations. It also required the company to bear any costs of crossing protection if it becomes necessary.

City Manager Wes Hare said Monday the city had been trying to get the railroad to respond to a request to renew the franchise, without luck.

“We’re asking the court to compel the railroad to respond,” he said.

Uncertainty about the railroad issue and crossing costs, Hare said, “is starting to affect the potential for development.”

The 1981 franchise authorized passenger and freight operations, but passenger service on the Oregon Electric ended in 1933, when the track followed a different route, according to a presentation at the Albany Regional Museum Saturday.

The franchise limits trains to 20 mph on the Water Avenue line. Freights now go less than 10 mph.

Developments being planned between the Water Avenue track and the Willamette River include the 162-unit, $28 million Edgewater Village on the site of a former packing plant; the $4-8 million Wheelhouse restaurant and office complex on the site of the former Buzz Saw restaurant; and a 34-unit residential complex where the Senders grain elevator was razed.

East of Hill Street, the rail line runs down the middle of Water Avenue. West of there, the line runs along the river side of the traffic lanes.

DH Reader Comments

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airboi wrote on May 7, 2008 2:59 AM: " This is another stupid thing Albany is doing. I think Albany is just a sue happy town. I'm not sure but the car following that train has enough room on the side both directions of traffic have enough room. That said I think that was pre planned the car to follow the train. Probally the Sue Happy city of Albany, I think Albany should be the ones getting sued for not fixing that road. It's the city of Albany that owns the road. Oh but wait the city of Albany either has to borrow money or sue someone because again this just is a fact of the city of Albany does not know how to budget there money. that is why Albany is one of the poorest citys in Oregon. No I do not work for the rail road " Townie wrote on May 7, 2008 8:52 AM: " I lived off of that road for 20 years. And trust me there is no room. I've gotten stuck in my neighborhood many times. I've been made late for work, missed out on dinner with friends, and I've been blocked out of my neighborhood just as many times. " oldtimer wrote on May 7, 2008 1:12 PM: " The proposed 'left turn' to a large yard at Mollersburg will help alleviate congestion at the Queen Avenus crossing. And to a lesser degree at Granger near Corvallis and even Springhill in North Albany. It will not affect the line to Eigene that runs down Water Ave. The railroad moved there from Fifth Avenue at the request of the City of Albany. " RB wrote on May 7, 2008 3:36 PM: " Airboi, Read the article. The point is that with development potentially increasing traffic on Water there will be need for crossing control, and who pays for that is the issue. " amtrakman wrote on May 7, 2008 4:28 PM: " Trouble is folks, this town has gotten just a little too big for their britches!!! Albany has always wanted to "take" something from somebody, no matter what. My Mother is almost 100 years old and she has seen it all! They, Albany, wasn't satisfied until they took one celebration or another from some other town, only to watch it die and the other town take it back! The City of Albany is very keen about "taking" all the time, trust me, as a merchant, they are always begging for some kind of freebie, but try and get some consideration out of them. The Police Department even gets involved in 'family feuds' when no law has been broken at all, they did with me over an email sent to my niece about her aunt dying with cancer, her father, my brother, went to the police just to tell them to make no more contact, they chose to do so and then had the audacity to ask my firm for a 'freebie.' What they got was a nasty letter and will continue to do so in the future with anymore of this. This town and it's city hall needs to grow up and look at reality!!! "

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