Verified Statement/Expert Witness
Rail-related disputes often involve one or more parties from sectors other than the railroad industry that are often at a disadvantage due to lack rail industry insight. Based on an exhaustive knowledge of the industry and substantial experience, RLBA provides verified statements and expert witness testimony in a manner combining qualified expertise with clear and persuasive language.
Select Project Descriptions:
HARRIS COUNTY, TX:
RLBA was engaged by Harris County (HC) to assist it in the matter of UP’s opposition to the proposed Mason Road and Westgreen Road grade crossings. HC sought expertise in litigation brought by Union Pacific Railroad (UP) challenging HC’s condemnation of UP right-of-way to enable construction of two new grade crossings. An RLBA professional provided railroad and grade crossing safety expertise to HC in the form of written testimony.
MAHONEY, SILVERMAN & CROSS, LLC:
RLBA was engaged to provide litigation support relating to MSC’s client’s interest in reactivating a private, at-grade railroad crossing of BNSF Railway (BNSF) right-of-way south of Lorenzo, Illinois. BNSF had removed the subject crossing several years earlier without notifying the adjacent land owner. RLBA conducted right-of-way, operational safety analysis and grade crossing research as necessary as well as providing the affirmative testimony and deposition of an experienced RLBA operations expert. As a result, BNSF agreed to reinstall the crossing.
KING COUNTY, WA:
RLBA was engaged to provide legal and technical assessments of railroad right-of-way and railway engineering standards related to rail-banked property corridors held under the federal Rails To Trails Act. Specifically, RLBA provided King County, WA with expert testimony on the engineering and operational requirements of modern passenger and freight railroads including air and ground rights/needs. With RLBA’s strong testimony as a base, King County prevailed in its defense to its rights of ownership of railroad property corridors and established Washington State case law on railroad property rights.
MARYLAND TRANSIT ADMINISTRATION:
RLBA was engaged on behalf of the Maryland Transit Administration (MTA) to provide consulting services relating to railroad property issues. The services provided by RLBA included a review of property records, research of past railroad operations and a site visit to the right-of-way involved in the referenced litigation matter with the goal of evaluating the impact on current rail operations of encroachment on the right-of-way which was the basis of the MTA litigation. RLBA provided a detailed expert verified statement and testimony in Circuit Court.