BNSF Railway and Semiahmoo First nations embroiled in litigation regarding right of way and allegations of trespass since 2009.

BNSF Railway, the company who owns the horrifically rusted out bridge located in South Surrey on Semiahmoo First Nations land, has been involved in litigation with the band since 2009. Court schedules indicated a hearing was held this morning in Vancouver.

Court documents reveal that in 2009, Semiahmoo First nations named BNSF Bridge, among other defendents, over lease and right of way issues on the land adjoining the railway.

Semiahmoo Statement of Claim

The statement of claim indicates Semiahmoo First Nations considers BNSF to be in trespass on the right of way, and was asking  the court to eject BNSF and another defendant, in addition to damages for trespass and access.

BNSF recently made the news over it’s lack of maintenance and upkeep on a bridge crossing the Little Campbell River in Surrey. Photos of the bridge and it’s condition can be found here: https://lailayuile.com/2013/08/03/detailed-new-photos-show-state-of-aging-bnsf-bridge-in-south-surrey-as-potential-recipe-for-disaster/

and here: http://www.theprovince.com/news/Corroded+BNSF+rail+bridge+draws+concerns+South+Surrey/8671373/story.html

Calls to Semiahmoo First Nations and BNSF rep Gus Melonas were not returned at the time of this posting, but sources indicate that BNSF will not be granted access to replace the bridge until due process and consultation has occurred.

Further updates will be provided as received.

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