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49 U.S.C. § 28503Surface Transportation Board mediation of rights-of-way use requests

submitted 18 years ago by Pub. L. 110-432 to r/title-49-TRANSPORTATION · 93 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law helps a public transportation authority that wants to buy rights to a railroad's land to build a separate commuter-rail track. If the authority and the rail carrier cannot agree after negotiating, either one may ask the Surface Transportation Board for nonbinding mediation. The Board must mediate using the procedure in federal regulation section 1109.4.

If a public transportation authority tries, for a reasonable time, to negotiate with a rail carrier so the authority can acquire an interest in the carrier's railroad right-of-way — the strip of land the railroad uses — in order to build and run a segregated fixed guideway facility (a separate track built inside that right-of-way) for commuter rail passenger transportation, but the two sides cannot reach an agreement, either the public transportation authority or the rail carrier may ask the Surface Transportation Board for help. The Board must hold nonbinding mediation, following the same procedure in section 1109.4 of title 49 of the Code of Federal Regulations, using the version in effect when this section became law.
the actual law source: uscode.house.gov ↗public domain

If, after a reasonable period of negotiation, a public transportation authority cannot reach agreement with a rail carrier to acquire an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility to provide commuter rail passenger transportation, the public transportation authority or the rail carrier may apply to the Board for nonbinding mediation. The Board shall conduct the nonbinding mediation in accordance with the mediation process of section 1109.4 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this section.

Source credit: (Added Pub. L. 110–432, div. B, title IV, § 401(a), Oct. 16, 2008, 122 Stat. 4956.)

history & why it existsrecord from the source credit
  • 2008Enacted · Pub. L. 110-432 · 122 Stat. 4956

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-432 on 2008-10-16.

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