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This document is a notice of exemption filed under federal regulations regarding the discontinuance and abandonment of railroad service by San Joaquin Valley Railroad Company and Sunset Railway Company
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How to fill out notice of exemption for
How to fill out Notice of Exemption for Discontinuance and Abandonment of Railroad Service
01
Begin by obtaining the Notice of Exemption form from the appropriate regulatory agency, typically the Surface Transportation Board (STB).
02
Fill in the basic information about the railroad service being discontinued or abandoned, including the name of the railroad, the specific line or service affected, and the geographical details.
03
Provide a detailed explanation for the discontinuance or abandonment, including reasons such as financial hardships, lack of demand, or operational issues.
04
Indicate the date on which the service discontinuance or abandonment will take effect.
05
Include any required supporting documents or attachments that may be necessary to substantiate your request.
06
Review the completed form for accuracy and completeness before submission.
07
Submit the form to the regulatory agency following their specified procedures and pay any associated fees if required.
08
Ensure to keep a copy of the submitted Notice of Exemption for your records.
Who needs Notice of Exemption for Discontinuance and Abandonment of Railroad Service?
01
Railroad companies that plan to discontinue or abandon a portion of their rail service.
02
Companies seeking regulatory approval to cease operations on certain rail lines.
03
Entities needing to inform the Surface Transportation Board or relevant authorities about changes in service status.
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People Also Ask about
What is railroad right of way abandonment?
The railroad can legally remove tracks but is not under obligation to do so. However, most states interpret that once a corridor has been abandoned and the tracks are removed, any easements granted to the railroad for railroad purposes are also abandoned and revert to the underlying landowner.
Can you walk on abandoned railroads?
Q: Is it safe/legal to walk/travel along an abandoned railroad corridor? A: In most cases it is considered tresspassing and illegal. A majority of abandoned railroad right-of-ways are still owned by the operating railroad company.
What is the process of abandonment of railroads?
The abandonment process starts when the railroad company submits a notice to the STB about their intent to abandon a railway line; this notice is served 10 days before the formal abandonment petition is filed by the railroad company.
What happens when a rail line is abandoned?
The railroad can legally remove tracks but is not under obligation to do so. However, most states interpret that once a corridor has been abandoned and the tracks are removed, any easements granted to the railroad for railroad purposes are also abandoned and revert to the underlying landowner.
Do railroads own their right of way?
The railroad may own outright some portions of the corridor (which were acquired in “fee simple”) while it may have only the right to use other portions (which are held in “easement”). Determining actual ownership requires a title search, which can be both complicated and time consuming.
Who owns abandoned railroad property?
If the railroad held an easement, the abandonment of the line automatically terminates the railroad's easement interest, and the interest generally reverts to the owners of the adjacent land owning the fee simple interest from which the easement was granted. See, e.g., Penn. Central Corp. v.
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What is Notice of Exemption for Discontinuance and Abandonment of Railroad Service?
The Notice of Exemption for Discontinuance and Abandonment of Railroad Service is a formal notification required under federal law that allows railroad companies to discontinue or abandon services without undergoing the full regulatory approval process.
Who is required to file Notice of Exemption for Discontinuance and Abandonment of Railroad Service?
Railroad companies and operators that intend to discontinue or abandon rail services are required to file the Notice of Exemption with the Surface Transportation Board (STB).
How to fill out Notice of Exemption for Discontinuance and Abandonment of Railroad Service?
To fill out the Notice of Exemption, the applicant must provide details about the railroad service to be discontinued, including the specific line or segment affected, the reasons for discontinuance, and any relevant dates. Additionally, the form may require supporting documents to justify the exemption.
What is the purpose of Notice of Exemption for Discontinuance and Abandonment of Railroad Service?
The purpose of the Notice of Exemption is to streamline the process for railroads to discontinue or abandon services that do not significantly impact competition or have environmental consequences, allowing them to avoid lengthy regulatory procedures.
What information must be reported on Notice of Exemption for Discontinuance and Abandonment of Railroad Service?
The Notice of Exemption must report information such as the name of the railroad, the specific segments of track affected, the reasons for discontinuation, proposed effective dates, and any correspondence with affected shippers or stakeholders.
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