Issues that Emerge when Public Entities Acquire a Real Property Interest in Rail Lines
Issues that Emerge when Public Entities Acquire a Real Property Interest in Rail Lines

Author: Charles A. Spitulnik

Publisher:

Published: 2016

Total Pages: 38

ISBN-13: 9780309375023

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This legal research digest presents potential issues and solutions that may emerge when state and local governments seek to acquire real property interests from an operating railroad in active rail corridors. The discussion is presented in two parts: 1) an exposition of the issues and rationale that might arise in the planning for and implementation of a transaction that involves acquisition of real property in an active rail corridor; and 2) an annotated term sheet template for pursuit of the transaction. The desire for acquisition usually grows out of recognition of the need to create a new or improved transit system along a fixed guideway designed to alleviate increasing traffic congestion and improve deteriorating environmental conditions in the local and broader community. These real estate transactions, although they might appear to be routine, are not and involve dealing with complexities unique to property owned and used by operating railroads. The term sheet offers options for a variety of approaches to facilitate application in response to specific project characteristics. It also provides references and examples to illustrate real-world applications.

Guidebook for Implementing Passenger Rail Service on Shared Passenger and Freight Corridors
Guidebook for Implementing Passenger Rail Service on Shared Passenger and Freight Corridors

Author: Alan J. Bing

Publisher: Transportation Research Board

Published: 2010

Total Pages: 181

ISBN-13: 0309154707

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This Guidebook will aid states in developing public-private partnerships with private freight railroads to permit operation of passenger services over shared-use rail corridors. The Guidebook should encourage the broad acceptance of improved principles, processes, and methods to support agreements on access, allocation of operation and maintenance costs, capacity allocation, operational issues, future responsibilities for infrastructure improvements, and other fundamental issues that will affect the ultimate success of shared-use passenger and freight agreements between public and private railroad stakeholders.

Protecting and Preserving Rail Corridors Against Encroachment of Incompatible Uses
Protecting and Preserving Rail Corridors Against Encroachment of Incompatible Uses

Author:

Publisher:

Published: 2008

Total Pages: 198

ISBN-13:

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Rail Corridor preservation and planning for the purpose of reducing or restricting incompatible development is an area of growing importance. This report provides an overview regarding encroachment and the elements that contribute to potentially incompatible development along rail corridors. The report reviews the legal tools that currently exist within Texas for corridor preservation and provides recommendations for new legislation, including draft legislation. The report then reviews the state of practice of corridor planning and preservation with mitigation against encroachment both in Texas and in selected other states around the country. The report pays special attention to incidents in which rail corridors are envisioned to host both freight and passenger services and the implications on land use. Finally, the report provides a review of costs associated to deal with encroachment, whether by planning, preservation, collaboration, or mitigation.

Preserving Freight and Passenger Rail Corridors and Service
Preserving Freight and Passenger Rail Corridors and Service

Author: David P. Simpson

Publisher: Transportation Research Board National Research

Published: 2007

Total Pages: 50

ISBN-13:

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Efforts to preserve rail corridors or restore rail service to dormant rail alignments across the United States are very uneven. A handful of states have aggressive, well-funded programs to support the preservation or reuse of rail alignments; more states have modest programs to support short line operations on a case-by-case basis, but attach no value to corridor retention per se. In 2005, California completed what is perhaps the nations most comprehensive physical plant inventory of active and abandoned rail corridors; a review driven by interest in passenger rail and nonmotorized corridor interests. A foundation has been set to more fully lever these valuable alignments in this country's most populous state. This synthesis was undertaken to document current practices with respect to rail corridor preservation. State departments of transportation (DOTs), selected metropolitan planning organizations, commuter rail agencies, short line holding companies, and Class I rail carriers were all surveyed for information. Response rates to the survey were moderate, averaging 24%, and overall supporting the notion that preservation of rail alignments is not a high-priority issue in many jurisdictions. A handful of state respondents, however, had a great deal of experience and valuable observations on rail preservation policies and could be said to have become experts on this subject through their dealings with several dozen rail corridors over the past two decades. North Carolina, Ohio, and Pennsylvania DOTs each have serious, well-established rail sections and a history of successful preservation efforts.