|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN ASHLAND COUNTY, WIS.|
|Director Of Proceedings|
|DECISION GRANTED THE CITY OF ASHLAND, WIS.' REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD UNTIL MAY 28, 2011.|
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|Full Text of Decision|
41263 SERVICE DATE – LATE RELEASE DECEMBER 29, 2010
SURFACE TRANSPORTATION BOARD
Docket No. AB 303 (Sub-No. 26X)
WISCONSIN CENTRAL LTD.—ABANDONMENT EXEMPTION—
IN ASHLAND COUNTY, WIS.
Decided: December 28, 2010
On July 1, 2004, a decision and notice of interim trail use or abandonment (NITU) was served in this proceeding authorizing a 180-day period for the City of Ashland, Wis. (the City), to negotiate an interim trail use/rail banking agreement with Wisconsin Central Ltd. (WCL) for a 0.48-mile line of railroad from milepost 435.35 on Ashland’s lakefront and traveling 2,552 feet to a point where it connects to a private spur that used to serve the C. Reiss Coal Company in Ashland, Ashland County, Wis. The negotiating period under the NITU was extended several times, with the latest extension expiring on November 29, 2010.
motion filed on November 19, 2010, the City seeks an extension of the
negotiating period for an additional 180 days.
The City states that the parties have secured a memorandum of understanding and have drafted and executed a purchase sale
option, and that a deed for the western portion of the right-of-way, from
as here, the carrier has not consummated the abandonment at the end of the
previously imposed negotiating period and has indicated its willingness to
continue negotiations by agreeing to an extension, the Board retains
jurisdiction and the NITU negotiating period may be extended. Under the circumstances, further extension of
the negotiating period is warranted. See Birt v. STB, 90 F.3d 580,
588-90 (D.C. Cir. 1996); Grantwood Vill. v.
This action 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 is granted.
2. The NITU negotiating period is extended until May 28, 2011.
3. This decision is effective on the date of service.
By the Board, Julia M. Farr, Acting Director, Office of Proceedings.
 See Rail Abans.—Use of Rights-of-Way as Trails—Supplemental Trails Act Procedures, 4 I.C.C.2d 152, 157-58 (1987).