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Rail News: Passenger Rail
6/3/2002
Rail News: Passenger Rail
STB involvement 'unnecessary' for UTA to acquire UP right of way
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Surface Transportation Board May 22 cleared the way for Utah Transit Authority (UTA) to acquire nearly 63 miles of Union Pacific Railroad right of way and certain related improvements in four Utah counties by dismissing as unnecessary UTA’s verified notice of exemption.
UTA and UP had previously agreed that UP will retain an exclusive, perpetual easement on the line for freight operations, while UTA will transport only passengers. The two parties plan to enter into a trackage rights agreement stipulating terms and conditions of their concurrent operations.
The board stated that UTA would not be assuming common carrier rights and obligations, and UP’s ability to fulfill its common carrier obligations wouldn’t be impaired by possible passenger operations.
UTA and UP had previously agreed that UP will retain an exclusive, perpetual easement on the line for freight operations, while UTA will transport only passengers. The two parties plan to enter into a trackage rights agreement stipulating terms and conditions of their concurrent operations.
The board stated that UTA would not be assuming common carrier rights and obligations, and UP’s ability to fulfill its common carrier obligations wouldn’t be impaired by possible passenger operations.
