§ 39-6.1-5. Acquisition and necessity.
(a) The department, as sole agent for the state, may acquire by purchase, lease, or otherwise, any portion or portions of the rail property of any railroad corporation, including the tracks and ties, rights of way, land, buildings, appurtenances, and other facilities necessary for the operation of railroads. In addition, the department may so acquire, improve, and maintain any other property found by the department to be necessary for the operation of a railroad subject to the approval of the state properties committee.
(b) The authority to so acquire rail properties extends to rail properties both within and not within the jurisdiction of the Interstate Commerce Commission. It also includes rail properties within the purview of 49 U.S.C. § 1654, any amendments to it, and any other relevant federal legislation.
(c) The acquisition of the rail properties, and other property, by the department is for the purpose of the continued and future operation of a railroad deemed to be in the public interest. The acquisition of the rail properties and other property is declared to be a public purpose and to be reasonably necessary. This action may be taken in concert with another state or states as necessary to insure continued rail service in this state.
History of Section.P.L. 1976, ch. 28, § 1.
Structure Rhode Island General Laws
Title 39 - Public Utilities and Carriers
Chapter 39-6.1 - Railroad Preservation
Section 39-6.1-1. - Definitions.
Section 39-6.1-2. - General powers of department.
Section 39-6.1-3. - Assistance to rail lines.
Section 39-6.1-4. - Access to information.
Section 39-6.1-5. - Acquisition and necessity.
Section 39-6.1-6. - Operation, sale, or lease.
Section 39-6.1-7. - Interstate Commerce Commission certificate.
Section 39-6.1-8. - Title to property of railroads.
Section 39-6.1-9. - Sale of rail properties.
Section 39-6.1-10. - Cooperation between states.
Section 39-6.1-10.1. - Massachusetts Bay Transportation Authority.
Section 39-6.1-11. - Cooperation between the department and local governmental units.
Section 39-6.1-12. - Federal funds — Appropriations.
Section 39-6.1-13. - Application for federal loans.
Section 39-6.1-14. - [Repealed.]
Section 39-6.1-15. - Purchase of rolling stock, equipment, and machinery.
Section 39-6.1-16. - Rebuilding, modernization, and maintenance of rail properties.
Section 39-6.1-17. - Authorization to contract to improve rail transportation service.
Section 39-6.1-18. - Disposition of acquired rail properties.