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45 U.S.C. § 1016 — Temporary rail banking

submitted 46 years ago by Pub. L. 96-254 to r/title-45-RAILROADS · 167 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section temporarily restricts disposal of certain Rock Island Railroad lines and facilities. It requires the Secretary to approve a qualifying disposition unless a realistic rail-service transaction is being pursued.

During the 180 days beginning May 30, 1980, no Rock Island Railroad rail line or facility approved for abandonment by the Commission or bankruptcy court may be downgraded, scrapped, or otherwise disposed of without the Secretary’s approval. Before abandonment is approved and the 180 days end, the Secretary may not approve transferring it to a carrier or other entity that does not provide, or was not formed to provide, railroad services. On the Railroad’s application, the Secretary must approve the disposition unless (1) a carrier, shipper, State, or other interested party has written that it wants to buy, lease, or rehabilitate the particular line or facility to provide rail service, and (2) there is a reasonable expectation that the purchase will be completed.

the actual law source: uscode.house.gov ↗public domain

During the 180-day period beginning on May 30, 1980, no rail line or facility of the Rock Island Railroad which has been approved for abandonment by the Commission or the bankruptcy court may be downgraded, scrapped, or otherwise disposed of without the approval of the Secretary under this section. In no case before abandonment has been approved and before the 180-day period has elapsed shall the Secretary approve a disposition of such portion of the rail line or related facility to any carrier or other entity not engaged in providing railroad services or not formed for the purpose of providing railroad services. The Secretary, upon application by the Rock Island Railroad, shall grant such approval unless he finds that—

(1)

a rail carrier, shipper, State, or other interested party has expressed in writing an interest in purchasing, leasing or rehabilitating the particular rail line or facility for purposes of providing rail service; and

(2)

there is a reasonable expectation that such purchase transaction will be consummated.

Source credit: (Pub. L. 96–254, title I, § 121, May 30, 1980, 94 Stat. 409.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-254 · 94 Stat. 409

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-254 on 1980-05-30.

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