49 C.F.R. § 1152.26

Board determination under 49 U.S.C. 10903

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(a) The following schedule shall govern the process for Board consideration and decisions in abandonment and discontinuance application proceedings from the time the application is filed until the time of the Board's decision on the merits:

Day 0—Application filed, including applicant's case in chief.

Day 10—Due date for oral hearing requests.

Day 15—Due date for Board decision on oral hearing requests.

Day 20—Due date for Notice of Application to be published in the Federal Register.

Day 45—Due date for protests and comments, including opposition case in chief, and for public use and trail use requests.

Day 60—Due date for applicant's reply to opposition case and for applicant's response to trail use requests.

Day 110—Due date for service of decision on the merits.

Day 120—Due date for offers of financial assistance, except that if an application has been granted by decision issued sooner than Day 110, the offer of financial assistance shall be due 10 days after service of the decision granting the application.

(b) If an application for abandonment or discontinuance is filed by a bankrupt railroad, the Board shall base its decision (Report to the Bankruptcy Court) on the application and any responses to the application that are filed. In each such instance, the Board shall establish a reasonable period of time for filing responses to the application so that public input can be included in the Board's decision (Report) and so that the Board will be able to meet a deadline imposed or requested by the Bankruptcy Court. Because Board action on abandonment applications by bankrupt railroads is advisory only, no environmental filings or analysis is necessary. See 49 CFR 1105.5(c).

[61 FR 67883, Dec. 24, 1996, as amended at 62 FR 34670, June 27, 1997]

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1990–2025 · leading case: Thompson v. United States, 101 Fed. Cl. 416 (Fed. Cl. 2011).

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Thompson v. United States, 101 Fed. Cl. 416 (Fed. Cl. 2011). “See 49 C.F.R. § 1152.26 (a). After notice is published, any party interested in creating a public trail on the abandoned railroad right-of-way may file a petition stating the purpose of such use and its intent to assume responsibility for maintenance of the trail.”

Nat'l Ass'n of Reversionary Prop. Owners v. Surface Transp. Bd., 158 F.3d 135 (D.C. Cir. 1998). “See 49 C.F.R. § 1152.26 (a). If abandonment conditions are met (and the line is not maintained pursuant to a subsidy or sale agreement under 49 C.”

Goos v. Interstate Com. Comm'n, 911 F.2d 1283 (8th Cir. 1990). “49 C.F.R. § 1152.26 (a) (1989). An abandonment normally results in reversion of the right of way to the landowners holding reversionary interests.”

Memmer v. United States (Fed. Cl. 2020). “See 49 C.F.R. §§ 1152.26 (a)(1), .50(d)(2)-(3) (1986); see also id.”

Sarah E. Price v. United States (Fed. Cl. 2025). “at 5 (recognizing the significant amount of railway abandonment and noting “the Nation’s railway system reached its peak of 272,000 miles [in 1920]; today only about 141,000 miles are in use, and experts predict that 3,000 miles will be abandoned every year through the end” of…”

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