SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
AB_290_291_X

Case Title:  
NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN GRANT COUNTY, IND.

Decision Type:  
Decision

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
DECISION GRANTED THE CITY OF MARION'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD TO FEBRUARY 11, 2011.

    Decision Attachments

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    Full Text of Decision

35435

41037                                   SERVICE DATE – SEPTEMBER 2, 2010

DO

 

SURFACE TRANSPORTATION BOARD

 

DECISION

 

Docket No. AB 290 (Sub-No. 291X)

 

NORFOLK SOUTHERN RAILWAY COMPANY—ABANDONMENT EXEMPTION—IN GRANT COUNTY, IND.

 

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.[1]  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 Vill. v. Mo. Pac. R.R., 95 F.3d 654, 659 (8th Cir. 1996).  Accordingly, the NITU negotiating period will be extended until February 11, 2011.

 

            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.

 



                [1]  See Rail Aban.—Use of Rights-of-Way as Trails—Supplemental Trails Act Procedures, 4 I.C.C.2d 152, 157-58 (1987).