JACKSONVILLE — An improperly closed railroad crossing that irked northwest Jacksonville neighbors for 3 1/2 years will remain barricaded — for now — under a deal by CSX Transportation and City Hall, the Florida Times-Union reports.
“What’s that going to do for us?” asked resident Jim Jenkins, who lives near the Old Kings Road crossing and dislikes the closure.
However, the city will receive $300,000 for the surrounding neighborhoods from the railroad company, and it can go back to court if the state decides the crossing should be permanently closed. CSX promises to either add fence and build cul de sacs, or rebuild the crossing, depending on the final decision. It also promises safeguards so an improper closing won’t happen again.
“This could potentially set a bad precedent because the company made a unilateral decision,” city General Counsel Rick Mullaney said.
The city sued this summer in Circuit Court, asking for an order reopening the crossing. A stone company, Tremron Jacksonville, also hampered by the closure joined the city’s lawsuit.
CSX closed Old Kings Road at the crossing in mid-1998 without getting the proper state approval. The company maintains the closure should be permanent because of the hazardous nature of the crossing, which has seen at least 12 crashes since 1975.
“It’s just an old residential area, but still they [CSX] had no right [to close the crossing]. They did it on their own,” Jenkins said. “Since they boxed us in, they should be forced to buy us out.”
The deal does not settle the dispute. A state administrative judge is separately reviewing the closing, and a decision is expected next month. The state Department of Transportation will decide whether to accept the judge’s decision, but it has already recommended closing the road to traffic at the five-track crossing.
The deal allows both sides to appeal the decision in court, which they suggest will happen.
“I think the reality is we don’t know how the appeals process is going to turn out. This agreement ensures there will be some money going to the neighborhoods,” said City Councilman Reggie Fullwood, who represents the area.
Meanwhile, CSX escapes the possibility of having a judge order a costly reopening that could be reversed by the state in a few months.
“I think the issue for us is not trying to get anything out of the agreement other than the crossing will remain closed,” CSX spokeswoman Kathy Burns said.
Of the $300,000, Tremron will receive $45,000 for its legal fees and problems associated with the crossing, Mullaney said. The remaining $255,000 will go toward the Paxon and Grand Park neighborhoods surrounding the crossing. Possibilities for the money include beautification efforts or new recreation equipment, but neighborhood associations will first offer suggestions, Fullwood said.
One resident, M.L. Holland, said the closing probably will never be reopened, though he has gotten used to it. He would like to see some of the money used to repave streets near the crossing.
Some neighbors and businesses complain that when trains are chugging along the tracks, they’re blocked in because Old Kings Road is closed.
“Since they closed the tracks down there … you have hour, hour and a half waits,” said Jenkins’ wife, Becky.
The city also claimed the closing poses difficulties for police and emergency crews, but the railroad company pointed out generally improved responsive times in the area after station and staff changes.
CSX said the crossing is a hazard. The state cited a 1998 federal report that named the crossing, which has a mix of high- and low-speed trains, the eighth-most dangerous in Northeast Florida and Southeast Georgia. Meanwhile, use of the road dipped from 1993 to 1997, before the crossing was blocked.