On August 11, Mendocino Railway, parent company of what is popularly known as the Skunk Train, filed suit in the Superior Court of Mendocino County. The defendants in the suit are Georgia-Pacific LLC; North American Timber Corp.; Hawthorne Timber Company, LLC; Mendocino County Treasurer-Tax Collector; All other persons claiming interest in the property; and Does, 1 through 100 inclusive.
The first two paragraphs of the filing lay out the basics. Citing California's state constitution, Article 1, Section 19, California Public Utilities Code 229, 230, 611, and 7526, as well as California's Code of Civil Procedure, section 1230.010, Mendocino Railway has declared that they plan to use the power of eminent domain to acquire approximately 205 acres of what is commonly called the old mill site in Fort Bragg and 70 acres alongside Pudding Creek.
What is eminent domain? This is the right of the government or its agent to expropriate private property for public use, with payment of compensation.
How then does Mendocino Railway have that right? California Public Utilities Code, Section 611 states, “A railroad corporation may condemn any property necessary for the construction and maintenance of its railroad.”
California Public Utilities Code, Section 230 defines a railroad corporation thus: “'Railroad corporation' includes every corporation or person owning, controlling, operating, or managing any railroad for compensation within this State.”
Among the powers granted to railroad corporations by law: “The officers, agents, and employees of the corporation may enter upon the lands or waters of any person, for this purpose, subject to liability for all damages which they do thereto.”
That refers us back to the powers of eminent domain granted to railroads. This is also enumerated in California's Public Utilities Code, Section 1230.010 as well as part of the state constitution's Article 1, Section 19.
So, why is this happening? Readers may recall a mid-May AVA article about Mendocino Railway's parent company, Sierra Railroad, setting its sights on much of the old G-P (Georgia-Pacific) property. At that time Sierra Railroad Chief Executive Officer (CEO) Mike Hart stated in a phone interview that the company has been considering a purchase of the mill site property since as early as 2004. The gist of the May, 2021 AVA article referenced Sierra Railroad's alarm that the City of Fort Bragg was also negotiating with Georgia-Pacific for purchase of the mill site land.
Apparently, Sierra Railroad and Mendocino Railway feel so left out of the negotiation process for the mill site property next door to the Skunk Train depot that they (Mendocino Railway) have decided to go another route, so to speak. That different route being abandoning negotiations and adopting a railroad's power to assert eminent domain.
This takes us to what might seem like an overly obvious question, what constitutes a railroad? The California Public Utility Code defines it this way: “'Railroad' includes every commercial, interurban, and other railway, other than a street railroad, and each branch or extension thereof, by whatsoever power operated, together with all tracks, bridges, trestles, rights of way, subways, tunnels, stations, depots, union depots, ferries, yards, grounds, terminals, terminal facilities, structures, and equipment, and all other real estate, fixtures, and personal property of every kind used in connection therewith, owned, controlled, operated, or managed for public use in the transportation of persons or property.”
For several years, the Skunk Train has operated as little more than something akin to an amusement park ride, taking mostly tourists on a short jaunt up Pudding Creek, turning around short of the cave-in at Tunnel #1, then returning to the depot. This “railroad” has not taken the mail to Northspur for years. It does not connect with its own rail line in Willits. It certainly does not connect to any other rail line.
In that May interview, Mike Hart said it would only be a matter of months before that tunnel cave-in was fully repaired. It is nearly four months later now without a re-opening of said tunnel. He implied that a fully connected Fort Bragg to Willits rail line was not much further away than the tunnel repair. He even implied that a connection from Fort Bragg to Willits and on south to Cloverdale was doable in the near future.
Is it really?
In addition, during that May interview Mike Hart alluded to his company's construction of a hiking/biking trail alongside the railroad tracks that would run all the way from Fort Bragg to Willits. All appearances now show that this will not be something akin to the Coastal Trail the City of Fort Bragg created along the edge of the old mill site, a hiking/biking trail free to anyone who shows up to use all or part of it.
All indications are that Mendocino Railway plans to charge the citizenry to walk or bike its trail. In May, Hart concluded his discussion of the Fort Bragg to Willits hiking/biking trail with this comment, “How this in any way harms the community escapes me.”
Any given member of the local populace might respond by saying, “It will hurt me in my wallet.”
In light of this lawsuit, recent talk by Mendocino Railway/Sierra Railroad about water delivery from inland to the coast or vice versa might appear to be nothing more than hot air designed to bolster the claim that Mendocino Railway is a legitimate, fully functioning railroad. The same empty-promise tag could be put on the company's short-lived offer to use the rail line to haul trash.
The most crucial question remains, is the Skunk Train a legitimate railroad. One entitled to eminent domain powers? For several years, the actionable truth appears to demonstrate otherwise. Presumably, the attorneys for the defendants in this case will seek to show just that.
This is an interesting topic. The City of Fort Bragg also has the ability to use eminent domain to acquire property for public use (not just railroad-related uses). I wonder if the City is considering intervening in the Skunk Train lawsuit to protect the public interest…
In these distracting days, it’s easy to overlook what an edge-of-sea property like the mill site is worth. Commercial development would probably wreck it (as always, in the sacred interest of Profits). If the country and world outlast our near-century of mismanagement, that land will be seen as something indescribably valuable and irreplaceable, Ft. Bragg’s shining asset, an incalculable “public good.” The city, and the local population, should fight to the death for it.
Turns out that the most wealthy are not there because they work harder, or smarter…
“The conventional answer is that we live in a meritocracy in which people are rewarded for their talent, intelligence, effort, and so on. Over time, many people think, this translates into the wealth distribution that we observe, although a healthy dose of luck can play a role… The results are something of an eye-opener. Their simulations accurately reproduce the wealth distribution in the real world. But the wealthiest individuals are not the most talented (although they must have a certain level of talent). They are the luckiest. And this has significant implications for the way societies can optimize the returns they get for investments in everything from business to science.”
https://getpocket.com/explore/item/if-you-re-so-smart-why-aren-t-you-rich-turns-out-it-s-just-chance?utm_source=pocket-newtab
Where might an extreme example go?
Let’s assume that our Chinese brothers learn how to use railroad eminent domain. Then buy the railroad, and with flush financing, condemn most of Ft Bragg as they expand their new port facilities… Right
The railroads used to own California’s government, and they wrote laws to suit.
The matter is going to court. Bet on it.