|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN GRANT COUNTY, IND.|
|Director Of Proceedings|
|DECISION GRANTED THE CITY OF MARION'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD TO FEBRUARY 11, 2011.|
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|Full Text of Decision|
41037 SERVICE DATE – SEPTEMBER 2, 2010
SURFACE TRANSPORTATION BOARD
Docket No. AB 290 (Sub-No. 291X)
Decided: September 1, 2010
By decision and notice of interim trail use or abandonment (NITU) served on January 28, 2008, a 180-day period was authorized for the City of Marion, Ind. (City), and Greenways Foundation, Inc., to negotiate an interim trail use/rail banking agreement with Norfolk Southern Railway Company (NSR) for 3.66 miles of rail line between mileposts TS 153.35 and TS 157.01 at Marion, in Grant County, Ind. The negotiating period under the NITU was extended by 4 decisions, with the latest extension expiring on August 15, 2010.
By letter filed on August 11, 2010, the City has requested another 180-day extension of the NITU negotiating period. The City states that the parties remain engaged in discussions toward an agreement for the acquisition and interim trail use of the line. On August 11, 2010, NSR filed a response consenting to the extension request.
Where, as here, the carrier has not
consummated the abandonment at the end of the previously imposed negotiating
period and agrees to continue negotiations, the Board retains jurisdiction and
the NITU negotiating period may be extended. Under the circumstances, extension of the
negotiating period is warranted. See
Birt v. STB, 90 F.3d 580, 588-90 (D.C. Cir. 1996); Grantwood
This decision will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. The City’s request to extend the NITU negotiating period for 180 days is granted.
2. The negotiating period under the NITU is extended to February 11, 2011.
3. This decision is effective on its service date.
By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings.