|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|BUTLER COUNTY, KANSAS--ABANDONMENT EXEMPTION--IN BUTLER COUNTY, KS|
|Director Of Proceedings|
|DECISION: (1) REOPENED THIS PROCEEDING; AND (2) MODIFIED THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT (NITU) SERVED ON JUNE 2, 2005, TO VACATE FROM THAT NITU THE SEGEMENT OF THE RIGHT-OF-WAY BETWEEN MILEPOST 491.22 AND MILEPOST 494.22.|
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|Full Text of Decision|
40665 SERVICE DATE – APRIL 5, 2010
SURFACE TRANSPORTATION BOARD
DECISION AND NOTICE OF INTERIM TRAIL USE OR ABANDONMENT
STB Docket No. AB-870X
Decided: April 2, 2010
Butler County, Kansas (County), filed a notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments to abandon its entire 10.6-mile line of railroad between milepost 483.62, at Augusta, and milepost 494.22, near Andover, in Butler County, KS. Notice of the exemption was served and published in the Federal Register on July 2, 2004 (69 FR 40472). The exemption became effective on August 4, 2004. By decision and notice of interim trail use or abandonment (NITU) served on June 2, 2005, the proceeding was reopened and Butler County Economic Development (BCED) was authorized to negotiate a trail use agreement with the County for the entire line pursuant to section 8(d) of the National Trails System Act, 16 U.S.C. 1247(d) (Trails Act), and 49 CFR 1152.29 in order to rail bank its own line. By letter filed on June 3, 2005, BCED notified the Board that BCED and the County had consummated a trail use/rail banking agreement for the line.
September 28, 2009, BCED and the City of Augusta, KS (Augusta),
filed a joint petition requesting that
On March 8, 2010, BCED and the City of Andover, KS (Andover), (collectively, petitioners), filed a joint petition requesting that Andover be substituted for BCED as the interim trail manager for a 3-mile portion of the line located between milepost 491.22, at Andover, and milepost 494.22, near Andover. Petitioners state that the County supports this request.
Petitioners have submitted a copy
of the extant NITU,
This decision will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. This proceeding is reopened.
2. The NITU served on June 2, 2005, is modified to vacate from that NITU the segment of the right-of-way between milepost 491.22 and milepost 494.22.
3. A replacement NITU applicable to
4. The new trail user is required to assume, for the term of the agreement, full responsibility for management of, for any legal liability arising out of the transfer or use of (unless the user is immune from liability, in which case it need only indemnify the railroad against any potential liability), and for the payment of any and all taxes that may be levied or assessed against, the right-of-way.
5. Interim trail use/rail banking is subject to the future use of the property for restoration of railroad operations, and to the new user’s continuing to meet the financial obligations for the right-of-way.
6. If the new trail user intends to terminate trail use, it must send the Board a copy of this decision and notice and request that it be vacated on a specified date.
7. This decision and notice is effective on its service date.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
 By decision served on August 2, 2004, the proceeding was reopened and the exemption was made subject to the condition that the County consult with the National Geodetic Survey (NGS) and provide NGS with 90 days’ notice before disturbing or destroying any geodetic station markers. The condition remains in effect.
 A railroad is
permitted to rail bank its own line where the railroad represents that the
property is suitable for interim trail use and that it will assume financial
responsibility for the line. See Roaring
Fork Railroad Holding Authority—Abandonment Exemption—in