Railroads

Federal Government ‘Pork’ press conference on Monday

Had a great question posed to me yesterday about the press conference planned for Monday about the RR relocation project;

“Would Sioux Falls taxpayers approve spending $27 million of city money, essentially on a 10 acre parking lot? Or is it okay because it is Federal money?”

This wasn’t from a fellow Joe-Six-Pack, but from a local elected official. My response was that I am fine with receiving FED money for ice storm cleanup, needed infrastructure, etc., but this is simply a handout to the Railroads. Because we know at the end of the day the city will probably only get about $2-3 million back from selling the land.

I am also puzzled about this being a celebration? Why would we be celebrating handing over $27 million of Federal taxpayer money to a private industry?

A social will follow, sponsored by the Sioux Falls Area Chamber of Commerce and Downtown Sioux Falls, Inc. (DTSF). The social will include hors d’oeuvres, punch, and jazz music by the Jim McKinney Quartet.

For $27 million, there better be some caviar.

RR Relocation Big Announcement, maybe they will be handing out free PORK sandwiches

pulled-pork-sandwich

Cuz, we know, it would be appropriate;

The community is strongly encouraged to join in the celebration as Senator John Thune, Senator Tim Johnson, Mayor Mike Huether, and BNSF Railway Executive VP Roger Nober participate in a signing ceremony for the rail yard purchase agreement between BNSF Railway Company (BNSF) and the City of Sioux Falls.

The City of Sioux Falls has agreed to purchase the rail yard for $27,334,500, utilizing federal funds.

What a boondoggle. I don’t even know where to begin.

Note to the Sioux Falls City Council

This compiled short history of Sioux Falls Railroads is for you. Why is this important? (DOC: Sioux Falls SD Railroad history compilations)

The City Council and people of Sioux Falls, SD must understand legal ramifications surrounding a resolution vote item#44 on the August 4, 2015 agenda.

A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO THE PURCHASE OF REAL PROPERTY FROM THE BNSF RAILWAY COMPANY

We citizens have had the TOP SECRET rail yard document in front of us since Friday afternoon. The preliminary reading shows many holes in data and legal descriptions. The 82 page document being presented by the administration does not adequately cover many issues surrounding Railroad Relocation.

We have heard about a TOP SECRET railroad project for many years with no details attached. We citizens should be able to see what is being promised in our names. We have known from the beginning we were not supposed to be part of this TOP SECRET project. As sunlight shines on this TOP SECRET project we are seeing many problems.

The citizens of Sioux Falls should at least be able to weigh in on this TOP SECRET project. Why must we have so much secrecy, for such little gain to go with the massive hype? We have learned through the documents posted on Friday the City of Sioux Falls is receiving a Quit Claim Deed. Why a Quit Claim Deed when it should be at the very least a Warranty Deed giving future generations and developers full property rights? This is a very serious question. The City of Sioux Falls could be a partner in a land fraud or other issues we know nothing about. We are gambling our city future by taking the word of vested interests. The reconstruction of the full land history would establish the city ownership rights. The railroads entering the city of Sioux Falls had reversionary rights, why risk the legal issues? This land will not be used for transportation operations once abandoned. This is a very risky proposal. It is not difficult. Land title companies do these searches every day. The city hires consultants for everything else, why not this?

So we ask, what is the hurry to spend the money without proper oversight? We are getting ready for major budget demands, ready to put the city of Sioux Falls in more debt for playthings and special interests. Can we take a couple of weeks to really examine this contract with public hearings to get real commitments and answers?

Bruce Danielson

 

Railroaded in Sioux Falls (another gem from 2010)

[youtube]https://www.youtube.com/watch?v=s4wUdt692Ac[/youtube]

Looking for information on the railroads in Sioux Falls we found this jewel from November 8, 2010 City Council Informational.

When we listened to this talk it helped fill in several points in history but it also misses several others. Our town’s rail yard relocation project has missing details in this interesting talk. For some reason we are not allowed to see the entire set of details prior to the City Council meeting Resolution being voted on August 4, 2015.

There are a few issues not adding up to let us know why this is so important to jam down our collective throats so quickly before we can get all the data required. To start with land ownership issues not making sense. Plus there are still people thinking we are going to have less trains going through Sioux Falls when in fact will are getting ready to have more. If there is nothing to hide, what difference will it make to wait a couple of weeks so we can research the pieces not making sense.

This is similar to buying a house or any other building. We are not receiving clear title to this property. A Quit Claim Deed is not clear title. (Document resolution: Rail-Resolution)

The Council should not be voting to pass this resolution until a full list and audit of the parcels being transferred in this Quit Claim Deed is done. We need a list of the actual parcels with the history since first platting in the mid-1800’s. Why shouldn’t we know the actual ownership chain now, before money changes hands. Also, there are areas of the rail yard where service operations were done many years ago, where is the study showing these areas were tested? Are we getting another Pitts brownfield to deal with? There are Sioux Falls people who remember the contaminations of the past and wonder what was done to remediate them.

We already know how our city legal department deals with Quit Claim Deeds. Think about the subtle differences in 2 types of deeds (from Wikipedia):

“A warranty deed is a type of deed where the grantor (seller) guarantees that he or she holds clear title to a piece of real estate and has a right to sell it to the grantee (buyer). This is in contrast to a quitclaim deed, where the seller does not guarantee that he or she holds title to a piece of real estate.”

In a sense the attorneys for the city are giving the Council another Quit Claim deed property deal because the ownership of the property is actually in question. The Ellis & Eastern and BNFS railroads probably were given Quit Claim Deeds as the land transferred to them, so they could take over the property and use it after the several railroads went out of business. Do we have copies of these papers attached to this resolution? Of course not.

Even Governor Janklow in 1980 and after was not sure, so it was understood the state bought the Milwaukee Road track equipment and assumed the land easements during the abandonment process to be able to continue to operate on the rail beds. The rail right of ways were important to takeover in the early 1980’s to keep operational. Many researchers are still not clear as to what land is owned or just controlled by easement to this day. Reason? No one wants to actually see what is buried in the original papers or they would be attached.

Why shouldn’t we citizens get a warranty deed for this property before we waste any more time on it? Why is it when we see these proposals, some of us only see the things NOT making sense like who actually owns the land?