§ 37-9-1002 — Department of transportation authority to take action; when action may be taken; attorney general and department of transportation responsibility

Wyoming § 37-9-1002

• Jurisdiction: Wyoming
• Title 37: Public Utilities
• Ch. 9: RAILROADS
• Art. 10: RAILROAD ABANDONMENT

Text

(a) To fulfill the policy stated in W.S. 37-9-1001 the
department of transportation shall, subject to subsections (b)
and (c) of this section, take the following actions:
(i) Protest applications filed or other actions taken
by a rail carrier to abandon railroad lines;
(ii) Protest, challenge by legal action or intervene
in rail carrier actions leading to potential abandonment of
railroad lines;
(iii) Investigate the evidence offered by a rail
carrier supporting the subsidy amount or minimum sale or salvage
price of railroad lines to be abandoned and intervene in
abandonment proceedings to challenge unjustified subsidy amounts
and minimum sale or salvage prices;
(iv) Provide technical assistance to prospective rail
carriers and to counties and municipalities seeking to purchase
and operate railroad lines which other rail carriers are seeking
to abandon or are likely to seek to abandon and provide
assistance in preparing any filings with federal agencies
necessary for them to purchase the railroad lines at the minimum
sale or salvage price or to begin operations;
(v) Bring a legal action or intervene in a legal
action or regulatory action to reduce the costs of trackage
rights established in an agreement where the costs or conditions
of the agreement appear to be contributing to potential
abandonment of railroad lines or discouraging discovery of a
prospective replacement rail carrier.
(b) The department shall take the actions authorized in
subsection (a) of this section if:
(i) A danger of potential abandonment of a railroad
line exists which will cause an adverse impact on rural and
community development;
(ii) The county commissioners of any county or the
governing body of any municipality in which any part of a
railroad line subject to potential abandonment is located
requests action;
(iii) The governor directs action to be taken; or
(iv) The department determines action is necessary to
protect the public interest.
(c) The department may decide not to take any action
authorized in subsection (a) of this section if it determines
the action does not have a reasonable chance of fulfilling the
policy stated in W.S. 37-9-1001.
(d) The attorney general shall assist and represent the
department in any action taken as authorized in this section.
(e) The department is responsible for state rail planning
and shall assist the attorney general in any action taken as
authorized in subsection (a) of this section and shall provide
technical advice and assistance to counties, municipalities and
prospective rail carriers seeking to purchase and operate
railroad lines which are abandoned or subject to potential
abandonment.