|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|NORFOLK SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN FULTON COUNTY, GA|
|Director Of Proceedings|
|DECISION HELD THIS PROCEEDING IN ABEYANCE PENDING FURTHER ORDER OF THE BOARD.|
|FD_35215_0 - National Railroad Passenger Corporation-Application Under 49 U.S.C. 24311(C) To Condemn Certain Rail Carrier Property In Atlanta, Fulton County, Ga-Norfolk Southern Railway Company|
| 11 KB|
|Approximate download time at 28.8 kb: 20 Seconds|
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|Full Text of Decision|
39795 SERVICE DATE – MARCH 13, 2009
SURFACE TRANSPORTATION BOARD
STB Docket No. AB-290 (Sub-No. 210X)
STB Finance Docket No. 35215
NATIONAL RAILROAD PASSENGER CORPORATION – APPLICATION UNDER 49 U.S.C. 24311(c) to CONDEMN CERTAIN RAIL CARRIER PROPERTY IN ATLANTA, FULTON COUNTY, GA – NORFOLK SOUTHERN RAILWAY COMPANY
Decided: March 13, 2009
December 3, 2008, Norfolk Southern Railway Company (NSR) filed a verified
notice of exemption under 49 CFR 1152 Subpart F–Exempt Abandonments
to abandon a 4.30-mile line of railroad between mileposts DF 633.10 and
DF 637.40, in
February 3, 2009, a joint motion to hold in abeyance the abandonment
proceeding and the section 24311 proceeding was filed by the Authority, ABI,
NSR, GDOT, and Amtrak. The Board granted
that motion and held both proceedings in abeyance until March 6, 2009, with a
requirement that the parties file a status report on that date. See
As noted in the February 5 Decision, the Board has a longstanding policy favoring the private resolution of complex matters such as these. As the parties are continuing discussions to resolve their respective concerns and have made a reasonable request to hold the abandonment and section 24311 proceedings in abeyance, the Board will grant the joint motion. No party will be prejudiced by this action.
This action will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. STB Docket No. AB-290 (Sub-No.-210X) will be held in abeyance pending further order of the Board.
2. STB Finance Docket No. 35215 will be held in abeyance pending further order of the Board.
3. The procedural schedule set in the January 21 Decision in STB Docket No. AB-290 (Sub-No. 210X), as amended by the February 5 Decision, is revised to change the deadline for the filing of responses to Amtrak and GDOT’s supplemental information from March 11, 2009, to March 27, 2009.
4. The parties will be required to file, either jointly or individually, a status report on the progress of their discussions by no later than March 23, 2009.
5. This decision is effective on its date of service.
By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings.
Anne K. Quinlan
 These proceedings are not consolidated. A single decision is being issued for administrative convenience.
 NSR holds passenger and freight easements
over the line, while the Atlanta Development Authority (Authority) is the
record owner of the property underlying the right-of-way. The Authority is also the redevelopment agent
for the BeltLine Tax Allocation District of the City