My gf inherited a 37.4 acre plantation and found old railroad tracks there…is it legal to scrap the metal?

Other answer:

Scrap companies won't take railroad scrap. They fear railroad lawyers, as should you. Gauge has nothing to do with it, 6" is not a standard rail height, rail is anything from 4-7" tall.

You need to consult your title company and get all the deed and easement data on your land, then follow the tracks to wherever they connect with a main line and talk to any of those railroads, and then take what you learned to your real estate lawyer and see what he says.

And then find a scrap company that will work with you. Better yet, contact rail museums or and see if you can help a charity, get a tax write off and get someone to lift the rail for you.

She needs to know whether she owns the track, or whether it might still be the property of a railroad company. If for example the track was a private siding to a sawmill, it is probably hers. If it is part of a disused running line, it just might belong to the railroad company which might have paid a former owner for an enduring right to lay track over the land. If it is not hers, has degenerated beyond use, and is a nusance then she can probably insist that the owner removes it.
well the metal salvage places I know of would not take federal property. If the track is current standard gauge height of 6 inches then it might be hard to scrap at a metal salvage yard. Maybe you have narrow gauge rail. You will have to contact your local salvage yard as to the local rules and you will want to let them know that the track old, unused and on private property. You might want to see if you can find out what company the rails were from. If you have any local railroad company offices you might want to contact them also. The info and pictures might be of some value to railroad buffs .
If you end up getting it removed I would wait to scrap it. Scrap prices are so low it is probably not even worth your time to mess with it. Personally, I would tear it up and set it aside in a pile, and when scrap prices peak I would haul it away. After you have confirmation you own the track, of course.
Better make sure those tracks are not on some sort of "easement". You wouldn't believe what it costs to lay track.
Better make sure those tracks are not on some sort of "easement". You wouldn't believe what it costs to lay track.
Best way to find out is to contact your local government board & just simply ask them, another good way to do it is to email them so you have their response in writing.
It's legal, but I wouldn't scrap it right now, scrap price is ****.

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