§ 3403 - Acquisition and modernization
§ 3403. Acquisition and modernization
(a) The agency of transportation, as agent for the state, and with the specific prior approval of the general assembly, is authorized to acquire by purchase or condemnation, after the approval of the Interstate Commerce Commission, if necessary, any portion or portions of the line of any railroad directly affecting the state, including rails and ties, rights-of-way, land, buildings, appurtenances and other facilities required for the operation of the line or to facilitate its sale or lease for continued operation. This action may be taken in concert with another state or states as necessary to insure continued railroad service in this state.
(b) To further the purposes of this chapter, the secretary is authorized to take such action as may be necessary to secure any federal aid for which the state may be eligible.
(c) The secretary may contract for the rebuilding of any state-owned railroad property and, further, is authorized to spend appropriated funds for the modernization of any state-owned railroad property.
(d) In connection with acquisitions or other projects specifically authorized by the general assembly, the agency may exercise the right of eminent domain in the manner and as provided in chapter 5 of Title 19. This right may only be exercised in connection with the acquisition of existing railroad lines, including rails, ties, bridges, rights-of-way, land, buildings, appurtenances and other facilities or improvements to said rails, ties, bridges or appurtenances. (Added 1987, No. 211 (Adj. Sess.), § 1, eff. May 26, 1988.)