45 U.S.C. § 748

Abandonments

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(a) General

The Corporation may, in accordance with this section, file with the Commission an application for a certificate of abandonment for any line which is part of the system of the Corporation. Any such application shall be governed by this section and shall not, except as specifically provided in this section, be subject to the provisions of chapter 109 of title 49.

(b) Applications for abandonment

Any application for abandonment that is filed by the Corporation under this section before December 1, 1981, shall be granted by the Commission within 90 days after the date such application is filed unless, within such 90-day period, an offer of financial assistance is made in accordance with subsection (d) of this section with respect to the line to be abandoned.

(c) Notice of insufficient revenues(1) The Corporation may, prior to November 1, 1985, file with the Commission a notice of insufficient revenues for any line which is part of the system of the Corporation.(2) At any time after the 90-day period beginning with the filing of a notice of insufficient revenues for a line, the Corporation may file an application for abandonment for such line. An application for abandonment that is filed by the Corporation under this subsection for a line for which a notice of insufficient revenues was filed under paragraph (1) shall be granted by the Commission within 90 days after the date such application is filed unless, within such 90-day period, an offer of financial assistance is made in accordance with subsection (d) of this section with respect to such line.(d) Offers of financial assistance(1) The provisions of section 10904 of title 49 (including the timing requirements of subsection (d) thereof) shall apply to any offer of financial assistance under subsection (b) or (c) of this section.(2) The Corporation shall provide any person that intends to make an offer of financial assistance under subsection (b) or (c) of this section with such information as the Commission may require.(e) Liquidation(1) If any application for abandonment is granted under subsection (b) of this section, the Commission shall, as soon as practicable, appraise the net liquidation value of the line to be abandoned, and shall publish notice of such appraisal in the Federal Register.(2) Appraisals made under paragraph (1) shall not be appealable.(3)(A) If, within 120 days after the date on which an appraisal is published in the Federal Register under paragraph (1), the Corporation receives a bona fide offer for the sale, for 75 percent of the amount at which the liquidation value of such line was appraised by the Commission, of the line to be abandoned, the Corporation shall sell such line and the Commission shall, unless the parties otherwise agree, establish an equitable division of joint rates for through routes over such lines.(B) If the Corporation receives no bona fide offer under subparagraph (A), within such 120-day period, the Corporation may abandon or dispose of the line as it chooses, except that the Corporation may not dismantle bridges, or other structures (not including rail, signals, and other rail facilities) for 120 days thereafter. The Secretary may require that bridges or other structures (not including rail, signals, and other rail facilities), not be dismantled for an additional 8 months if he assumes all liability of any sort related to such property.(4) If the purchaser under paragraph (3)(A) of this subsection of any line of the Corporation abandons such line within five years after such purchase, the proceeds of any track liquidations shall be paid into the general fund of the Treasury of the United States.(f) Employee protection

The provisions of section 10903(b)(3) 11 So in original. Section 10903(b) of Title 49, Transportation, does not contain a par. (3). of title 49 shall not apply to any abandonment granted under this section. Any employee who was protected by the compensatory provisions of subchapter V 22 See References in Text note below. of this chapter immediately prior to August 13, 1981, who is deprived of employment by such an abandonment shall be eligible for employee protection under section 797 2 of this title.

(Pub. L. 93–236, title III, § 308, as added Pub. L. 97–35, title XI, § 1156(a), Aug. 13, 1981, 95 Stat. 679; amended Pub. L. 98–181, title II, § 2003(c)(2), Nov. 30, 1983, 97 Stat. 1298; Pub. L. 104–88, title III, § 327(4), Dec. 29, 1995, 109 Stat. 952.)Editorial NotesReferences in Text

Subchapter V of this chapter, referred to in subsec. (f), was repealed by Pub. L. 97–35, title XI, § 1144(a)(1), Aug. 13, 1981, 95 Stat. 669.

Section 797 of this title, referred to in subsec. (f), was repealed by Pub. L. 99–509, title IV, § 4024(c), Oct. 21, 1986, 100 Stat. 1904, effective on the sale date (Apr. 2, 1987).

Amendments

1995—Subsec. (d)(1). Pub. L. 104–88, § 327(4)(A), substituted “section 10904” for “section 10905(d)–(f)”.

Subsec. (f). Pub. L. 104–88, § 327(4)(B), substituted “section 10903(b)(3)” for “section 10903(b)(2)”.

1983—Subsec. (c)(1). Pub. L. 98–181 substituted “1985” for “1983”.

Statutory Notes and Related SubsidiariesEffective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.

Effective Date

Section effective Aug. 13, 1981, see section 1169 of Pub. L. 97–35, set out as a note under section 1101 of this title.

Abolition of Interstate Commerce Commission and Transfer of Functions

Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1983–2023 · leading case: Consol. Rail Corp. v. Cnty. of Monroe, 558 F. Supp. 1387 (Regl. Rail Reorg. Act 1983).

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Consol. Rail Corp. v. Cnty. of Monroe, 558 F. Supp. 1387 (Regl. Rail Reorg. Act 1983). · cites it 5× “defendants' efforts to prevent Conrail from implementing a plan to dismantle segments of its tracks on the Scranton Line, between Scranton, Pennsylvania and Port Morris, New Jersey, in accordance with the abandonment procedures specified in section 308 of the Regional Rail…”

Quarry Off. Park Assocs. v. Philadelphia Elec. Co., 576 A.2d 358 (Pa. 1990). · cites it 3× “45 U.S.C. § 748 (c) and (d). Provided that no offers for sale of the subject line are made, Conrail may abandon, dismantle or otherwise dispose of the rail line, except for bridges and other structures.”

Buffalo Twp. v. Jones, 778 A.2d 1269 (Pa. Commw. Ct. 2001). · cites it 2× “1 Pursuant to Section 308 of the Regional Rail Reorganization Act of 1973, 45 U.S.C. § 748 , Conrail notified the Interstate Commerce Commission (ICC) 2 of its intent to file an application for abandonment of the Butler Branch railroad line due to insufficient revenue on October…”

Lucas v. Twp. of Bethel, 319 F.3d 595 (3rd Cir. 2003). · cites it 6× “See Section 308 of the Regional Rail Reorganization Act, 45 U.S.C. § 748 (c). Conrail subsequently sold its interest in the right of way to the Allegheny Valley Land Trust (AVLT), which intended to convert the line to a trail use.”

Slatky, John v. Amoco Oil Co., Serv. Station Dealers of Am., Inc., Amicus Curiae, 830 F.2d 476 (3rd Cir. 1987). “§ 544f(o) (conservation area rules limiting use of property do not apply to unpurchased land for which owner has made “bona fide of *484 fer” to sell to government; offer “shall not be considered bona fide” if owner refuses consideration equal to the fair market value); 45…”

Moody v. Allegheny Valley Land Trust, 930 A.2d 505 (Pa. Super. Ct. 2007). “This permission was sought pursuant to Section 308 of the federal Regional Rail Reorganization Act of 1973, 45 U.S.C. § 748 (“RRRA”). By Certificate and Decision dated May 14, 1984, the ICC authorized the abandonment of Segment 1 and required that it be notified after the line…”

Consol. Rail Corp. v. Pa. Pub. Util. Com'n, 565 F. Supp. 153 (Regl. Rail Reorg. Act 1983). · cites it 2× “[1] Section 308 of the Regional Rail Reorganization Act of 1973 (3R Act) as amended by § 1156 of the Northeast Rail Service Act of 1981 (NRSA), 45 U.S.C. § 748 , provides for the abandonment of rail lines by Conrail according to a specified procedure.”

Scioli Turco, Inc. v. Philadelphia & Reading R.R. Co (E.D. Pa. 2023). · cites it 2× “”5 45 U.S.C. § 748 (c)(1). “At any time after the 90-day period beginning with the filing of a 5 The 3R Act refers to Conrail, or the Consolidated Rail Corporation, as “the Corporation.”

Minsi Rail Corp. v. United States, 638 F. Supp. 1346 (Regl. Rail Reorg. Act 1986). · cites it 2× “It amended the Regional Rail Reorganization Act by adding a new section 308, now codified at 45 U.S.C. § 748 . . Section 308 states in relevant part: (a) General.”

State of New York Dep't of Transp. v. Interstate Com. Comm'n, 616 F. Supp. 867 (Regl. Rail Reorg. Act 1985). “Section 1156 of the Northeast Rail Service Act of 1981 (NRSA) amended the Regional Rail Reorganization Act of 1973 by adding a new section 308 ( 45 U.S.C. § 748 ) to provide an expedited procedure to enable Conrail to dispose of unprofitable rail lines.”

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