|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|WISCONSIN CENTRAL LTD.--ABANDONMENT EXEMPTION--IN POLK COUNTY, WI|
|Director Of Proceedings|
|DECISION GRANTED THE WISCONSIN DEPARTMENT OF NATURAL RESOURCES' AND POLK COUNTY, WISCONSIN'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD IN THIS PROCEEDING UNTIL JULY 8, 2010.|
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|Full Text of Decision|
40528 SERVICE DATE – MARCH 4, 2010
SURFACE TRANSPORTATION BOARD
STB Docket No. AB-303 (Sub-No. 18X)
WISCONSIN CENTRAL LTD. – ABANDONMENT EXEMPTION –
Decided: March 4, 2010
By decision and notice of interim trail use or abandonment (NITU) served on March 13, 1998, a 180-day period was authorized for the Wisconsin Department of Natural Resources (WisDNR) to negotiate an interim trail use/rail banking agreement with Wisconsin Central Ltd. (WCL) for a 15.25-mile line of railroad known as the Dresser-Amery Line between milepost 47.83 in Dresser and milepost 63.08 in Amery, Polk County, WI. Through a series of decisions, the negotiating period was extended through January 30, 2006.
January 18, 2006, WisDNR
On January 5, 2010, WDOT, on behalf of Petitioners, filed a petition for an extension of the negotiating period for the Segment for 180 days. In a letter filed on January 25, 2010, WDOT explained that the parties have not yet reached a trail use agreement for the Segment because of the potential for a quarry being opened along the Segment. WDOT states that if the quarry does not materialize as a rail customer, then WCL will continue negotiations with DNR for the Segment, which the parties expect would result in successful banking of the Segment. WCL has agreed to continue trail use negotiations for the Segment.
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, 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.
This action will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. Petitioners’ request to extend the NITU negotiating period is granted.
2. The NITU negotiating period is extended for that portion of the line between milepost 47.83 and milepost 49.6 until July 8, 2010.
3. This decision is effective on the date of service.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.