(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 any railroad corporation, including the tracks and ties, rights of way, land, buildings, appurtenances, and other facilities necessary for the operation of railroads. In addition, the department may so acquire, improve, and maintain any other property found by the department to be necessary for the operation of a railroad subject to the approval of the state properties committee.

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Terms Used In Rhode Island General Laws 39-6.1-5

  • Agent for the state: means and includes the department of transportation as agent for the state as that term is used in 49 U. See Rhode Island General Laws 39-6.1-1
  • Commission: means the public utilities commission. See Rhode Island General Laws 39-1-2
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the department of transportation or other appropriate state agency of this state. See Rhode Island General Laws 39-6.1-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Rail properties: means assets or rights, both real and personal, owned, leased, or otherwise controlled by a railroad that are used or useful in providing rail transportation service. See Rhode Island General Laws 39-6.1-1
  • Rail service: means both freight and passenger service. See Rhode Island General Laws 39-6.1-1
  • Railroad: means and includes every railroad other than a street railway, by whatsoever power, operated for public use in the conveyance in this state of persons or property for compensation, with all bridges, ferries, tunnels, switches, spurs, tracks, stations, wharves, and terminal facilities of every kind, used, operated, controlled, leased, or owned by or in connection with any railroad. See Rhode Island General Laws 39-1-2

(b)  The authority to so acquire rail properties extends to rail properties both within and not within the jurisdiction of the Interstate Commerce Commission. It also includes rail properties within the purview of 49 U.S.C. § 1654, any amendments to it, and any other relevant federal legislation.

(c)  The acquisition of the rail properties, and other property, by the department is for the purpose of the continued and future operation of a railroad deemed to be in the public interest. The acquisition of the rail properties and other property is declared to be a public purpose and to be reasonably necessary. This action may be taken in concert with another state or states as necessary to insure continued rail service in this state.

History of Section.
P.L. 1976, ch. 28, § 1.