In reply to Dan's question, the Colorado Railroad Museum sells certain of the ICC valuation maps originally created in 1919. This is the Silverton to Farmington one and shows all the detail surrounding track, srtructures, acquisition dates, disposals, etc. The set I have was apparently last updated as to 1955. It shows if land was acquired through quit claim deed, warranty deed, easement, or condemnation.
As to the next question, I would differ in that the publically owned land in the form of streets, alleys, parks, etc., is firmly in the control of the governmental body owning the property and the right to cross or pass over it is subject to many differing controls. In Silverton's case, the D&RG had to ask for permission to use the public right-of-way for commercial purposes and that right was granted to them as well as the other 3 railroads in town in a series of ordinances. This is true of electric companies, telegraph companies (there is a separate ordinance for the Western Union Telegraph Co. on Silverton's books) and phone lines. A recent cell tower had to be approved by the town before it could be erected. Colorado's highway department (CDOT) has some of the most stringent rules for accessing and using their roadways around. The fact that a driver's license is required to operate a vehicle on the public right-ofway is the most obvious form of control, but try to connect a driveway to US 550 north of Durango, or anywhere in the state, and hang on to your hat as the red tape has just begun. CDOT has a form to be filled out and standards to be met by railroads wishing to cross their right-of-way. I think you will find accessing the public roads is a complicated and tedious procedure in most jurisdictions.
