Prospective use of rights-of-way for interim trail use and railbanking
| Currency | Current through May 31, 2023 |
| Citation | 49 C.F.R. §1152.29 |
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6 cases
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Zanzarella v. United States
...3d Art. 6 (citing Preseault v. ICC, 494 U.S. 1, 6-7, (1990) ("Preseault I")). To allow for this process, the STB may issue a NITU. 49 C.F.R. § 1152.29. If the railroad and trail sponsor agree, then the parties notify the STB, the corridor is railbanked, the STB retains jurisdiction, and "in......
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Galt Auto. Warehouse v. United States
...1, 6-7, (1990) ("Preseault I")). To allow for this process, the STB may issue a Notice of Interim Trail Use or Abandonment ("NITU"). 49 C.F.R. § 1152.29. the railroad and trail sponsor agree, then the parties notify the STB, the corridor is railbanked, the STB retains jurisdiction, and "int......
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Greene v. Metro. Transp. Auth.
...to pursue interim trail use/railbanking of a rail line under the National Trails System Act (Trails Act), 16 U.S.C. § 1247(d), and 49 C.F.R. § 1152.29. See Commuter Railroad Company-Exemption-from 49 U.S.C. Subtitle IV, 2023 WL 8118269 (S.T.B. Nov. 21, 2023). [25] Again, even assuming argue......
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Sauer West v Great Western Railway
...file a notice of consummation with the STB “to signify that it has exercised the authority granted and fully abandoned the line.” 49 C.F.R. § 1152.29(e)(2) (2021). Once abandonment is consummated, STB jurisdiction is terminated, and state property law controls. Capreal, Inc. v. United State......
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