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Get the free Notice of Exemption for Rail Abandonment - psc nd

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This document serves as a formal notification to the North Dakota Public Service Commission regarding the intention of BNSF Railway Company to file for an exemption to abandon a specified rail line
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How to fill out notice of exemption for

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How to fill out Notice of Exemption for Rail Abandonment

01
Obtain the Notice of Exemption form from the appropriate regulatory agency.
02
Fill in the date of submission at the top of the form.
03
Provide the name and address of the rail carrier initiating the abandonment.
04
Include a description of the rail line proposed for abandonment.
05
Indicate the reasons for the abandonment, such as economic unfeasibility.
06
Attach any relevant documentation supporting the justification for abandonment.
07
Sign and date the form where indicated.
08
Submit the completed Notice of Exemption to the Federal Railroad Administration and any other relevant authorities.

Who needs Notice of Exemption for Rail Abandonment?

01
Rail carriers planning to abandon railroad lines.
02
Stakeholders involved in the rail industry.
03
Local government agencies concerned with transportation planning.
04
Property owners adjacent to the rail line.
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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.
While most lie dormant and are still under the ownership of the abandoning railroad company, some cause political controversies in communities through which they run due to property disputes once the land returns to adjacent landowners; others are converted to rail-trail use, an increasingly popular option that opens
Under the Abandoned Railroad Right of Way Act (43 U.S.C. § 912), land given by the United States for use as a railroad right-of-way in which the United States retained a right of reverter had to be turned into a public highway within one year of the railroad company's abandonment or be given to adjacent landowners.
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.
An abandoned railroad is still real estate that belongs to someone, usually the railroad company. If it is posted “No Trespassing” then it is illegal to be there.

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A Notice of Exemption for Rail Abandonment is a legal document filed to inform regulatory agencies of a railroad's intent to discontinue service on a rail line, thereby relinquishing its operation.
The railroad company that owns or operates the rail line intended for abandonment is required to file the Notice of Exemption.
To fill out the Notice of Exemption, the railroad must provide information such as the name and address of the railroad, a description of the rail line, the reason for abandonment, and any environmental considerations.
The purpose of the Notice of Exemption is to streamline the process of rail abandonment by providing a mechanism for railroads to notify regulatory bodies, thus exempting them from formal proceedings under specified conditions.
The Notice of Exemption must include details such as the railroad's name, the specific rail line being abandoned, the date of proposed abandonment, a statement about the absence of adverse environmental impacts, and other required regulatory information.
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