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Re: Supreme Court Deals Massive Blow To Rails-to-Trails Programs
Author: Observer
Date: 03-11-2014 - 16:30
If memory serves, and it probably doesn't...
Kinda had a similar deal in Vermont back in the 80's/90's. A railroad, chartered in the 1800's (not sure if it was the Rutland or the Central Vermont) let Amtrak use its trackage. Eventually, the RR gave up the ghost and folded: essentially abandoning the line.
Amtrak tried to use federal powers of eminent domain to secure ownership of the ROW. The underlying lease holders were not happy and fought Amtrak in court.
Nope, said the courts. Amtrak had to renegotiate all the 99 year leases, and what ever agreements were made under the charter, underlying the ROW.
Kinda had a similar deal in Vermont back in the 80's/90's. A railroad, chartered in the 1800's (not sure if it was the Rutland or the Central Vermont) let Amtrak use its trackage. Eventually, the RR gave up the ghost and folded: essentially abandoning the line.
Amtrak tried to use federal powers of eminent domain to secure ownership of the ROW. The underlying lease holders were not happy and fought Amtrak in court.
Nope, said the courts. Amtrak had to renegotiate all the 99 year leases, and what ever agreements were made under the charter, underlying the ROW.
