Public Utilities and Carriers

CHAPTER 39-6.1
Railroad Preservation

SECTION 39-6.1-5

§ 39-6.1-5. Acquisition and necessity.

(a) The department, as sole agent for the state, may acquire by purchase, lease, or otherwise, any portion or portions of the rail property of any railroad corporation, including the tracks and ties, rights of way, land, buildings, appurtenances, and other facilities necessary for the operation of railroads. In addition, the department may so acquire, improve and maintain any other property found by the department to be necessary for the operation of a railroad subject to the approval of the state properties committee.

(b) The authority to so acquire rail properties extends to rail properties both within and not within the jurisdiction of the Interstate Commerce Commission. It also includes rail properties within the purview of 49 U.S.C. § 1654, any amendments to it, and any other relevant federal legislation.

(c) The acquisition of the rail properties, and other property, by the department is for the purpose of the continued and future operation of a railroad deemed to be in the public interest. The acquisition of the rail properties and other property is declared to be a public purpose and to be reasonably necessary. This action may be taken in concert with another state or states as necessary to insure continued rail service in this state.

History of Section.
(P.L. 1976, ch. 28, § 1.)