PublicUse.dh.doc

BEFORE THE
SURFACE TRANSPORTATION BOARD

CAMAS PRAIRIE RAILNET, INC.—ABANDONMENT—IN LEWIS, NEZ PERCE AND IDAHO COUNTIES, IDAHO.
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DOCKET NO. AB-564

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REQUEST FOR PUBLIC USE CONDITION
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STATE OF IDAHO, BY AND THROUGH THE IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, ID 83720-0074

Commenter

BY:

ALAN G. LANCE
ATTORNEY GENERAL

DONALD L. HOWELL, II
DEPUTY ATTORNEY GENERAL
PO Box 83720
472 West Washington
Boise, Idaho 83720-0074
[phone]

Attorneys for Commentor, State of Idaho

DATED: _____ 10, 2000

REQUESTS FOR PUBLIC USE CONDITION

Pursuant to 49 U.S.C. § 10905 and 49 C.F.R. 1152.28, the Idaho Transportation Department (ITD) requests issuance of a public use condition in this proceeding. ITD is a government agency vested with the authority to establish and maintain state highways within Idaho. Idaho Code §§ 40-501, 40-502. Although ITD believes that the abandonment should be denied, if the Board authorizes abandonment, then ITD seeks a public use condition. ITD maintains that portions of the rail right-of-way (ROW) is suitable for alternative public use, namely public highways.
ITD requests that the Board find the property is suitable for other public use and place the following condition on the abandonment:
An Order prohibiting the Camas RailNet from disposing of the rail corridor, other than the tracks, ties and signals equipment, except for public use on reasonable terms. Justification for this condition is that portions of the ROW are suitable for public highway use. The time period sought is 180 days from the effective date of the abandonment authorization, if granted. ITD needs this much time to conduct negotiation with the carrier.

In particular, ITD is interested in negotiating with the carrier for two general types of ROW property. The first consists of four existing locations where State Highway 95 crosses the Railroad ROW including: State Highway 95 at Grangeville; State Highway 95 at Craigmont; State Highway 95 at Tunnel No. 1; and State Highway 95 at Bridge No. 19. The second ROW property of interest is generally located between MP 0 and approximately MP 13. Imposition of a public use condition will allow ITD and the carrier to negotiate whether the adverse impacts of abandonment might be mitigated with augmentations to the State Highway system.