Railroad Law: When the Railroad Comes to Town

PRLog (Press Release) - Sep. 4, 2012 - When railroads first started to cross the United States, they brought with them a novel legal challenge – how could a railroad swiftly travel through multiple states and be subject to a different set of laws in each state?  To solve the problem, Congress used its powers under the Interstate Commerce Clause to create a federal statutory scheme that preempts state and local law.

Today, the U.S. Surface Transportation Board (formerly the Interstate Commerce Commission) oversees the application and implementation of that scheme as the network of rail carriers engaging in rail transportation becomes ever more expansive and complex.

The Law Offices of Mark A. Cuthbertson has been involved on behalf of clients in many aspects of regulation by the Surface Transportation Board.  This includes transactions and other projects for which STB approval or exemption is required, such as:

• Line abandonments (exempt, non-exempt and adverse abandonments, including environmental and historic preservation requirements and offers of financial assistance)
• Line constructions (including build-ins and build-outs, “forced” rail crossings, and reactivations)
• Trackage rights (including “forced” or terminal trackage rights) and joint use arrangements
• Transloading agreements
• Litigation related to federal preemption and railroads
• Adversarial proceedings before the Surface Transportation Board

But what happens when a railroad is not operating as a rail carrier, or is leasing its property to a private company?  The Law Offices of Mark A. Cuthbertson also has expertise in representing towns and property owners in the protection of their rights in the application of state and local law where permissible and appropriate.

Please visit our website to learn more: http://www.CuthbertsonLaw.com/practice_area/railroad_law.php

Photo:
http://www.prlog.org/11966463/1