"Eminent Domain" at scrap value would be a more effective and equitable solution. Indeed, if the line isn't operating, it is making zero return already - same return as any other unused scrap. Therefore, any claim by CORP that it is somehow worth more than its existing $0.0 return justifies, would be patently ludicrous.

And in the face of private enterprise's refusal or failure to provide a needed service, it won't be taking any precious profits from anyone at all, if government facilitates its use by others instead.

The state could, much as it already does for any other public roadway, repair and maintain the line, dispatch it, and allow anyone with the requisite equipment and access fee to operate over it - first come first served - hour by hour. The line would still be available to anyone else at any time - same as any highway.

Even if the likes of UP or BNSF, or some shortline doesn't step up to the plate, those stranded shippers could band together, rent an engine, hire a qualified crew, and then perform their own "private carriage" over the line to a class one connection (at a cost that keeps them in business); much as they are already trying to do over the highway (but that costs too much to keep doing for ever).

Come to think of it, the current monopolistic ownership of almost all rail lines significantly stifles all rail markets, and thus the industry as a whole. There is not now even a feeble free market within the rail industry. A truely free market is one where there are many sellers and many buyers. The Rail industry has never had such a free market; and without it, the industry has become moribund, rigid and unadaptable to even good business news (the recent traffic boom). Due to its own monopolistic structure, the industry is colapsing in on itself, and Wall Street (except for Warren Buffett) still wants to only take the industry's assets and run (steal it).

Opening up all lines to simultaneous competitive access by many would bring unprecedented vibrance to the entire rail industry, making it again an attractive option for even the short hauls and loose cars that serve everyone. Smaller companies could even develope their own specialty niche markets as they do in other industries.

I believe that the Constitution's preamble and commerce clauses, mandates the duty of our federal goverment to facilitate such free markets for the good of all. This might be a way of finally doing it. And the states do have a similar duty at a more local level, such as the Coos Bay Line.

Food for thought at least - if we could just get our hand out of the cookie jar! This industry might fly yet!

OPB