§ 39-6.1-5 - Acquisition and necessity.
SECTION 39-6.1-5
§ 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 anyrailroad corporation, including the tracks and ties, rights of way, land,buildings, appurtenances, and other facilities necessary for the operation ofrailroads. In addition, the department may so acquire, improve and maintain anyother property found by the department to be necessary for the operation of arailroad subject to the approval of the state properties committee.
(b) The authority to so acquire rail properties extends torail properties both within and not within the jurisdiction of the InterstateCommerce Commission. It also includes rail properties within the purview of 49U.S.C. § 1654, any amendments to it, and any other relevant federallegislation.
(c) The acquisition of the rail properties, and otherproperty, by the department is for the purpose of the continued and futureoperation of a railroad deemed to be in the public interest. The acquisition ofthe rail properties and other property is declared to be a public purpose andto be reasonably necessary. This action may be taken in concert with anotherstate or states as necessary to insure continued rail service in this state.