|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|NATIONAL RAILROAD PASSENGER CORPORATION-APPLICATION UNDER 49 U.S.C. 24311(c) TO CONDEMN CERTAIN RAIL CARRIER PROPERTY IN ATLANTA, FULTON COUNTY, GA-NORFOLK SOUTHERN RAILWAY COMPANY|
|DECISION GRANTED THE NATIONAL RAILROAD PASSENGER CORPORATION'S WITHDRAWAL OF ITS NOTICE OF INTENT TO FILE AN APPLICATION UNDER 49 U.S.C. 24311(c) AND DISMISSED THE PROCEEDING.|
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|Full Text of Decision|
39845 SERVICE DATE – LATE RELEASE APRIL 10, 2009
SURFACE TRANSPORTATION BOARD
STB Finance Docket No. 35215
NATIONAL RAILROAD PASSENGER CORPORATION – APPLICATION UNDER 49 U.S.C. 24311(c) TO CONDEMN CERTAIN RAIL CARRIER PROPERTY IN ATLANTA, FULTON COUNTY, GA – NORFOLK SOUTHERN RAILWAY COMPANY
Decided: April 10, 2009
January 21, 2009, the National Railroad Passenger Corporation (Amtrak)
filed a notice of intent to file an application under 49 U.S.C. 24311(c)
to condemn rail carrier property. By its
petition, Amtrak requested that the Board order Norfolk Southern Railway
Company (NSR) to convey its rail passenger service easement over a 4.30-mile
line of railroad between mileposts DF 633.10 and
This line is also the subject of an
abandonment proceeding, see Norfolk Southern Railway Company –
Abandonment Exemption – In
On February 3, 2009, the Authority, ABI, NSR, GDOT, and Amtrak jointly filed a motion to hold in abeyance the section 24311 proceeding and the abandonment proceeding, due to ongoing discussions toward a common solution that would accommodate the BeltLine project, intercity passenger rail, and high-speed rail in the region. By decision served on February 5, 2009, the Board held these proceedings in abeyance until March 6, 2009. A second joint motion to hold both proceedings in abeyance was filed on March 6, 2009. By decision served on March 13, 2009, the Board held the proceedings in abeyance until March 23, 2009.
On March 23, 2009, the parties jointly filed a status report stating that they had negotiated and prepared a Framework Agreement that resolved their respective concerns with regard to the line. Subsequently, on March 25, 2009, Amtrak filed a request to withdraw its notice of intent to file an application under 49 U.S.C. 24311(c), noting that the Framework Agreement was entered into and satisfactorily resolved the matters related to the notice of intent.
The Board has a longstanding policy favoring the private resolution of matters such as these. Accordingly, the Board will grant Amtrak’s withdrawal of its notice of intent in this matter.
This action will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. Amtrak’s withdrawal of the notice of intent to file an application under 49 U.S.C. 24311 (c) is granted, and STB Finance Docket No. 35215 is dismissed.
2. This decision is effect on its date of service.
By the Board, Anne K. Quinlan, Acting Secretary.
Anne K. Quinlan
 Neither Amtrak nor NSR currently operates
over the line; indeed, no traffic has moved over the line for 9 years. Amtrak stated, however, that the line is part
of the routing Amtrak would use in the future for its regular intercity
passenger trains and for possible high-speed rail passenger trains
to reach the proposed Multimodal Passenger Terminal in
 The Authority is also the redevelopment agent
for the BeltLine Tax Allocation District of the City
 By order served today, the stay imposed in Norfolk
Southern Railway Company—Abandonment Exemption—In