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Pages 7-13

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From page 7...
... 7 INDEX OF LEGAL TOPICS AND ISSUES Page I
From page 8...
... 8 3. STB's Authority to Exempt a Person, Class of Persons, or a 177 Transaction or Service The STB "shall exempt a person, class of persons, or a transaction or service whenever the Board finds that the application in whole or in part of a provision of this part…is not necessary to carry out the transportation policy of section 10101 of this title and…either…the transaction or service is of limited scope[]
From page 9...
... 9 could file an appropriate abandonment application or petition for exemption that cured the "defects" in the current petition.11 b. Request to Authorize a Third Party or Adverse Abandonment 182 of a Line In Paulsboro Refining Company LLC–Adverse Abandonment–in Gloucester County, N.J.,12 Paulsboro Refining Company LLC (PRC)
From page 10...
... 10 7. Judicial Approval of the Abandonment of a Line of a Railroad 187 Company Reorganizing in Bankruptcy Normally, the STB must authorize the abandonment of a railroad line, but in the case of a railroad company reorganizing in bankruptcy, the court may authorize an abandonment.17 8.
From page 11...
... 11 Articles 191 1. Statutes Applicable to Grants of Rights-of-Way to Railroads 191 by the United States An article published by the Congressional Research Service, analyzing the 1875 General Railroad Right of Way Act (the 1875 Act)
From page 12...
... 12 Statutes 197 D The National Trails System Act 197 1.
From page 13...
... 13 Statute 200 2. The Tucker Act and Claims Against the United States 200 Claims by landowners of a taking of their property when an abandoned rail line is to be used as a recreational trail are heard by the Court of Federal Claims under the Tucker Act,35 with the U.S.

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