(1)The executive
director shall maintain property within the state rail bank, including weed control, in
a manner that minimizes maintenance costs and provides a benefit to the state. The
executive director shall assume the responsibilities of the abandoning railroad
company for the construction and maintenance of fencing of abandoned rail lines or
railroad rights-of-way within the state rail bank; except that, where no agreement
exists, then no requirement for fencing shall be imposed.
(2)The executive director may make property in the state rail bank available
for interim recreational purposes, but such interim recreational use shall not limit
the ability to restore or reconstruct the property for railroad service or other
transportation services.
(3)The executive director
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(1) The executive
director shall maintain property within the state rail bank, including weed control, in
a manner that minimizes maintenance costs and provides a benefit to the state. The
executive director shall assume the responsibilities of the abandoning railroad
company for the construction and maintenance of fencing of abandoned rail lines or
railroad rights-of-way within the state rail bank; except that, where no agreement
exists, then no requirement for fencing shall be imposed.
(2) The executive director may make property in the state rail bank available
for interim recreational purposes, but such interim recreational use shall not limit
the ability to restore or reconstruct the property for railroad service or other
transportation services.
(3) The executive director may provide a first right of refusal to purchase or
lease any rail line or railroad right-of-way held in the state rail bank to metropolitan
or regional transportation authorities, cities, towns, counties, or transit agencies if
those entities have first undertaken and approved a plan or program to use the
property for transportation purposes.
(4) The executive director may sell or lease any rail line or railroad right-of-way held in the state rail bank to a financially responsible railroad operator who will
use the property to provide rail service. In any sale of a rail line or railroad right-of-way held in the state rail bank pursuant to this subsection (4) or section 43-1-803
(2), the executive director shall retain a possibility of reverter to the state in the
event that the railroad operator abandons the rail line or railroad right-of-way or if
the rail line or railroad right-of-way is used or conveyed for any purpose other than
the operation of railroad services, and, additionally, for any purpose that is
inconsistent or in conflict with the continued provision of rail service on the line. The
department shall retain a right of first refusal to purchase the rail line, railroad
right-of-way, or any right to use such rail line or right-of-way in the event the
railroad operator sells all or any part of the rail line, railroad right-of-way, or any
right to use such rail line or right-of-way. Any such property that reverts back to the
state shall be held in the state rail bank.
(5) The executive director may convert property in the state rail bank to
other transportation uses following appropriate studies and upon approval by the
commission and the TLRC.
(6) The executive director shall ensure that, in any sale, lease, or other
conveyance of a rail line or railroad right-of-way held in the state rail bank, any
agreement of the railroad company that abandoned such rail line or right-of-way to
construct or maintain fencing relative to such rail line or right-of-way shall be
transferred to the person to whom the right-of-way is conveyed.
(7) (a) Any transfer of title of the railroad rights-of-way from a railroad
company as provided in this part 13 or in section 43-1-803 shall not impair or
diminish the right of any ditch owner to construct, operate, maintain, or enlarge any
irrigation ditch as provided by law. Any damage to an irrigation ditch that is located
in or adjacent to such railroad right-of-way and any increases in ditch maintenance
caused by the use of the railroad right-of-way for a public purpose shall be the
responsibility of the person to whom the title of the railroad right-of-way was
transferred. Any such transfer of title shall not impair or diminish existing contracts
between the railroad company and any ditch owner for the use, operation, and
maintenance of any ditch. The executive director shall ensure that the necessary
contract provisions and deed restrictions or annotations, pursuant to this
subsection (7), are made to the documents required to transfer the title of such
railroad right-of-way.
(b) An owner of an irrigation ditch located in or adjacent to the railroad right-of-way to which title is transferred as provided in this part 13 or in section 43-1-803
is immune from suit and from any and all liability arising out of or related to the use
of the railroad right-of-way for a public purpose.