Other economic interests are also at stake. Whoever owns the land has the right to collect the tolls for these, and they can be substantial. Consent does not come cheap, so part of the cost of the program is that the railroads get cash payments. The railroads profit in another way. Wooden rail ties are treated with preservative, which over the years soaks into the soil.
Railroads also spill chemicals out of tank cars and spray heavily with herbicides.
To be responsible for a Superfund site is bad luck indeed. Some of the unhappy landowners are not limited to cursing their fate. This means railroads did not buy the land. The standard clause in the deed is that if the land ceases to be used as a railroad, it reverts to the owner of the parcel containing the easement. A number of cases challenging this program are pending in the courts.