Issues that Emerge When Public Entities Acquire a Real Property Interest in Rail Lines (2016) / Chapter Skim
Currently Skimming:
Pages 4-13
The Chapter Skim interface presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter.
Select key terms on the right to highlight them within pages of the chapter.
From page 5... ...
5that is, the presence of Amtrak's intercity operations has an impact on the capacity of the corridor. If Amtrak is present, the agency will be required to accommodate Amtrak's operation on the line.
|
From page 6... ...
61) establishing operating windows for freight and passenger traffic that limit the freight operations to specific times of day;19 2)
|
From page 7... ...
7the abandonment process, an agency that pursues this approach may face the risk that the government will treat it as a rail carrier that provides transportation subject to the jurisdiction of STB, if even for a brief period of time. This characterization has implications for coverage under the Railroad Retirement Tax Act,29 Railway Labor Act,30 and the range of federal regulations affecting rail carriers.
|
From page 8... ...
83. Holders of Other Rights on Railroad Property The railroad or its predecessors in interest are likely to have granted leases, licenses, or easements to such entities as utilities or billboard companies.
|
From page 9... ...
9program of temporal separation between the noncompliant transit vehicles' use of the line and the freight or other passenger systems' use of the line.41 FRA's waivers, when granted, require both careful attention to the details of compliance with rules that FRA either elects not to waive, or cannot waive due to statutory requirements, and periodic renewals. An agency purchasing a corridor from a rail carrier, however, should not assume that the selling railroad will allow noncompliant transit operations to coexist in the corridor just because FRA's rules contemplate shared use in some circumstances, and do not apply when transit and rail operations share the corridor but are sufficiently separated and share no grade crossings.
|
From page 10... ...
10 to identify alternatives to up-front cash payments by providing other benefits to the selling carrier is not limited, as long as the railroad understands that the agency will, in almost all circumstances, be restricted to providing benefits or improvements within that agency's jurisdiction that will benefit the taxpayers who are supporting the transaction.
|
From page 11... ...
11 removed from the interstate rail network via consummation of an STB-approved abandonment. Railbanked corridors can be used for trails, rail transit, or other public purposes, as long as the interim trail user acknowledges in a Statement of Willingness to Assume Financial Responsibility, which is required by STB regulations,52 that it will stand aside in the event that a bona fide proposal is made by a rail carrier to resume service on the line.53 Congress's intent in adopting the Rails-to-Trails program was to permit interim use of rail corridors for these public purposes in the event of a decrease in demand for freight rail services.
|
From page 12... ...
12 Act apply to people who are displaced from homes, businesses, or farms as a result of a transaction for which federal funds are applied. Exceptions include transfers between public entities.
|
From page 13... ...
13 be front-of-mind for the acquiring agency. The selling railroads may look, however, for ways to mitigate their tax exposure for the sale of assets.
|
Key Terms
This material may be derived from roughly machine-read images, and so is provided only to facilitate research.
More
information on Chapter Skim is available.