Wilson County Road Commission pauses paving near railroad crossings after operator seeks fees, insurance

Wilson County road officials said they paused paving work near certain railroad crossings after the railroad operator requested insurance, hold-harmless language and payments tied to the company’s right-of-way.

At the commission’s Aug. 7 meeting, a county road official described an exchange with the railroad’s attorney and said the railroad presented a written document that required proof of insurance covering up to $6,000,000 and an agreement to “hold them harmless.” The official said the railroad also sought payments of roughly $600 to $650 per crossing in some locations.

The official said the county’s response was to back off the area 50 feet from the railroad centerline where the operator claimed its right-of-way extended, and to pave the opposite side of the road instead. “They’re gonna have to show me something that says, we can tell you that you can't have a street there,” the official said during the meeting.

Commission staff reported recent maintenance and paving activity. The superintendent said the county completed about 10.83 miles of paving so far and that mowing and patch work continue. Staff also reported many subdivisions are about 80% built out and awaiting final topping and signage; commissioners noted signs are sometimes knocked over or stolen during construction.

The official said the county has had few prior issues with the railroad but that the current operator (identified in discussion as RJ Corman) was more demanding than previous operators. The commission intends to convene its executive committee, invite railroad representatives, and “have a good hashing out of this,” the official said, to resolve how rights-of-way and paving should be handled going forward.

Commissioners discussed alternatives including seeking agreement on where the railroad’s easement applies, confirming the exact width of any easement at specific crossings, and whether the county should pay fees or require the railroad to make modifications. No final change in county policy was recorded at the meeting; staff were directed to continue regular work where not affected by the operator’s claims and to pursue follow-up discussions with the railroad.

Routine items approved at the meeting included the assistant superintendent and superintendent reports; motions to approve those items passed with the meeting recording “all in favor, say aye.”