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[QUOTE="tx246, post: 1045156, member: 23127"]
there in lies my problem with the above issue.  in mcaffees case, he built a track next to an incorportated town.  in hindsight, not a good option as the town was there before he was.  my problem is when you have land in an unincorporated area and have been using it for a purpose for x number of years and someone knowingly buys property next to you and has the right to tell you to stop.  that is just a load of crap.  i dont buy a house next to an airport because im sure its noisy.  if i do buy, i expect it to be cheaper because of the noise.  same with tracks.  it seems that if tracks were built in high noise zones ie airports, industrial, railyards ect. maybe they could be exempt from suits that mark is facing.  a bonus to that would be maybe tracks could be built in a more metro environment where they are accessable to the users.  if you had to build your track in the middle of 2500 acres 150 miles from a metro, who would be able to support it?
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