There are two methods by which an interest in property can be abandoned by a railroad company.

Common Law Abandonment

. Common law abandonment of railroad ROW can be characterized as a cessation of a railroad company's right to use property for railroad purposes after official abandonment action by the STB. This type of abandonment occurs when a railroad company has an easement interest in land for railroad purposes. The easement document will usually state that upon the cessation of use of the property for railroad purposes, the use of the property reverts to the underlying fee title owner. Even if the easement document does not contain such verbiage, the cessation of use by the railroad company will operate to re-vest the easement interest in the fee title owner. This type of abandonment is a matter of intent. A railroad company is deemed to have abandoned its rights in the property if:

Quite often there is a dispute between a fee title owner and the railroad company as to the issue of intent. Unless it is expressly determined that abandonment has occurred, TxDOT must deal with both the fee title owner and the railroad company in acquiring the needed ROW.

Relinquishment of Jurisdiction

. Abandonment, or relinquishment, of jurisdiction is the cessation of jurisdiction over a railroad company's operations by the STB. This form of abandonment occurs when the STB issues an order of abandonment. This determination is made when interstate commerce is no longer being served by the railroad company on the property and federal oversight is no longer necessary. This type of abandonment can occur if the railroad company owns fee title to the property or has an easement interest in the property. If an easement interest only is owned, this abandonment does not terminate the easement or any other rights to use the property by the railroad company.