Washington Statute | Act | Code |Public Highways And Transportation| US Code - US Statute

RCW 47.76.200Legislative findings.The legislature finds that a balanced multimodal transportation system is required to maintain the state's commitment to the growing mobility needs of its citizens and commerce. The state's freight rail system, including branch lines, mainlines, rail corridors, terminals, yards, and equipment, is an important element of this multimodal system. Washington's economy relies heavily upon the freight rail system to ensure movement of the state's agricultural, chemical, and natural resources and manufactured products to local, national, and international markets and thereby contributes to the economic vitality of the state. Since 1970, Washington has lost over one-third of its rail miles to abandonment and bankruptcies. The combination of rail abandonments and rail system capacity constraints may alter the delivery to market of many commodities. In addition, the resultant motor vehicle freight traffic increases the burden on state highways and county roads. In many cases, the cost of maintaining and upgrading the state highways and county roads exceeds the cost of maintaining rail freight service. Thus, the economy of the state will be best served by a policy of maintaining and encouraging a healthy rail freight system by creating mechanisms that keep rail freight lines operating if the benefits of the service outweigh the cost. Recognizing the implications of this trend for freight mobility and the state's economic future, the legislature finds that better freight rail planning, better cooperation to preserve rail lines, and increased financial assistance from the state are necessary to maintain and improve the freight rail system within the state.[1995 c 380 § 1; 1993 c 224 § 1; 1983 c 303 § 4. Formerly RCW 47.76.010.]Notes:Severability -- 1983 c 303: See RCW 36.60.905. RCW 47.76.210State freight rail program.The Washington state department of transportation shall implement a state freight rail program that supports the freight rail service objectives identified in the state's multimodal transportation plan required under chapter 47.06 RCW. The support may be in the form of projects and strategies that support branch lines and light-density lines, provide access to ports, maintain adequate mainline capacity, and preserve or restore rail corridors and infrastructure.[1995 c 380 § 2; 1990 c 43 § 2. Formerly RCW 47.76.110.]Notes:Construction -- Severability -- Headings -- 1990 c 43: See notes following RCW 81.100.010. RCW 47.76.220State rail plan Contents.(1) The department of transportation shall prepare and periodically update a state rail plan, the objective of which is to identify, evaluate, and encourage essential rail services. The plan shall: (a) Identify and evaluate mainline capacity issues; (b) Identify and evaluate port-to-rail access and congestion issues; (c) Identify and evaluate those rail freight lines that may be abandoned or have recently been abandoned; (d) Quantify the costs and benefits of maintaining rail service on those lines that are likely to be abandoned; (e) Establish priorities for determining which rail lines should receive state support. The priorities should include the anticipated benefits to the state and local economy, the anticipated cost of road and highway improvements necessitated by the abandonment or capacity constraints of the rail line, the likelihood the rail line receiving funding can meet operating costs from freight charges, surcharges on rail traffic, and other funds authorized to be raised by a county or port district, and the impact of abandonment or capacity constraints on changes in energy utilization and air pollution; (f) Identify and describe the state's rail system; (g) Prepare a state freight rail system map; (h) Identify and evaluate rail commodity flows and traffic types; (i) Identify lines and corridors that have been rail banked or preserved; and (j) Identify and evaluate other issues affecting the state's rail traffic. (2) The state rail plan may be prepared in conjunction with the rail plan prepared by the department pursuant to the federal Railroad Revitalization and Regulatory Reform Act.[1995 c 380 § 3; 1993 c 224 § 2; 1985 c 432 § 1; 1983 c 303 § 5. Formerly RCW 47.76.020.]Notes:Severability -- 1983 c 303: See RCW 36.60.905. RCW 47.76.230Freight rail planning.(1) The department of transportation shall continue its responsibility for the development and implementation of the state rail plan and programs, and the utilities and transportation commission shall continue its responsibility for intrastate rates, service, and safety issues. (2) The department of transportation shall maintain an enhanced data file on the rail system. Proprietary annual station traffic data from each railroad and the modal use of major shippers shall be obtained to the extent that such information is available. (3) The department of transportation shall provide technical assistance, upon request, to state agencies and local interests. Technical assistance includes, but is not limited to, the following: (a) Rail project cost-benefit analyses conducted in accordance with methodologies recommended by the Federal Railroad Administration; (b) Assistance in the formation of county rail districts and port districts; and (c) Feasibility studies for rail service continuation and/or rail service assistance. (4) With funding authorized by the legislature, the department of transportation, in collaboration with the department of community, trade, and economic development, and local economic development agencies, and other interested public and private organizations, shall develop a cooperative process to conduct community and business information programs and to regularly disseminate information on rail matters.[1995 c 380 § 4; 1990 c 43 § 3. Formerly RCW 47.76.120.]Notes:Construction -- Severability -- Headings -- 1990 c 43: See notes following RCW 81.100.010. RCW 47.76.240Rail preservation program.The state, counties, local communities, ports, railroads, labor, and shippers all benefit from continuation of rail service and should participate in its preservation. Lines that provide benefits to the state and local jurisdictions, such as avoided roadway costs, reduced traffic congestion, economic development potential, environmental protection, and safety, should be assisted through the joint efforts of the state, local jurisdictions, and the private sector. State funding for rail service, rail preservation, and corridor preservation projects must benefit the state's interests. The state's interest is served by reducing public roadway maintenance and repair costs, increasing economic development opportunities, increasing domestic and international trade, preserving jobs, and enhancing safety. State funding for projects is contingent upon appropriate local jurisdiction and private sector participation and cooperation. Before spending state moneys on projects the department shall seek federal, local, and private funding and participation to the greatest extent possible. (1) The department of transportation shall continue to monitor the status of the state's mainline and branchline common carrier railroads and preserved rail corridors through the state rail plan and various analyses, and shall seek alternatives to abandonment prior to interstate commerce commission proceedings, where feasible. (2) The utilities and transportation commission shall intervene in interstate commerce commission proceedings on abandonments, when necessary, to protect the state's interest. (3) The department of transportation, in consultation with the Washington state freight rail policy advisory committee, shall establish criteria for evaluating rail projects and corridors of significance to the state. (4) Local jurisdictions may implement rail service preservation projects in the absence of state participation. (5) The department of transportation shall continue to monitor projects for which it provides assistance.[1995 c 380 § 5; 1993 c 224 § 3; 1990 c 43 § 4. Formerly RCW 47.76.130.]Notes:Construction -- Severability -- Headings -- 1990 c 43: See notes following RCW 81.100.010. RCW 47.76.250Essential rail assistance account Purposes.(1) The essential rail assistance account is created in the state treasury. Moneys in the account may be appropriated only for the purposes specified in this section. (2) Moneys appropriated from the account to the department of transportation may be used by the department or distributed by the department to cities, county rail districts, counties, economic development councils, and port districts for the purpose of: (a) Acquiring, rebuilding, rehabilitating, or improving rail lines; (b) Purchasing or rehabilitating railroad equipment necessary to maintain essential rail service; (c) Constructing railroad improvements to mitigate port access or mainline congestion; (d) Construction of loading facilities to increase business on light density lines or to mitigate the impacts of abandonment; (e) Preservation, including operation, of light density lines, as identified by the Washington state department of transportation, in compliance with this chapter; or (f) Preserving rail corridors for future rail purposes by purchase of rights of way. The department shall first pursue transportation enhancement program funds, available under the federal surface transportation program, to the greatest extent practicable to preserve rail corridors. Purchase of rights of way may include track, bridges, and associated elements, and must meet the following criteria: (i) The right of way has been identified and evaluated in the state rail plan prepared under this chapter; (ii) The right of way may be or has been abandoned; and (iii) The right of way has potential for future rail service. (3) The department or the participating local jurisdiction is responsible for maintaining any right of way acquired under this chapter, including provisions for drainage management, fire and weed control, and liability associated with ownership. (4) Nothing in this section impairs the reversionary rights of abutting landowners, if any, without just compensation. (5) The department, cities, county rail districts, counties, and port districts may grant franchises to private railroads for the right to operate on lines acquired under this chapter. (6) The department, cities, county rail districts, counties, and port districts may grant trackage rights over rail lines acquired under this chapter. (7) If rail lines or rail rights of way are used by county rail districts, port districts, state agencies, or other public agencies for the purposes of rail operations and are later abandoned, the rail lines or rail rights of way cannot be used for any other purposes without the consent of the underlying fee title holder or reversionary rights holder, or until compensation has been made to the underlying fee title holder or reversionary rights holder. (8) The department of transportation shall develop criteria for prioritizing freight rail projects that meet the minimum eligibility requirements for state assistance under RCW 47.76.240. The department shall develop criteria in consultation with the Washington state freight rail policy advisory committee. Project criteria should consider the level of local financial commitment to the project as well as cost/benefit ratio. Counties, local communities, railroads, shippers, and others who benefit from the project should participate financially to the greatest extent practicable. (9) Moneys received by the department from franchise fees, trackage rights fees, and loan payments shall be redeposited in the essential rail assistance account. Repayment of loans made under this section shall occur within a period not longer than fifteen years, as set by the department. The repayment schedule and rate of interest, if any, shall be determined before the distribution of the moneys. (10) The state shall maintain a contingent interest in any equipment, property, rail line, or facility that has outstanding grants or loans. The owner may not use the line as collateral, remove track, bridges, or associated elements for salvage, or use it in any other manner subordinating the state's interest without permission from the department. (11) Moneys distributed under this chapter should be provided as loans wherever practicable. Except as provided by section 3, chapter 73, Laws of 1996, for improvements on or to privately owned railroads, railroad property, or other private property, moneys distributed shall be provided solely as loans.[1996 c 73 § 2; 1995 c 380 § 6; 1993 c 224 § 4; 1991 sp.s. c 13 § 22; 1991 c 363 § 125; 1990 c 43 § 11. Prior: 1985 c 432 § 2; 1985 c 57 § 64; 1983 c 303 § 6. Formerly RCW 47.76.030.]Notes:Effective date -- 1996 c 73: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 13, 1996]." [1996 c 73 § 4.]Effective dates -- Severability -- 1991 sp.s. c 13: See notes following RCW 18.08.240.Purpose -- Captions not law -- 1991 c 363: See notes following RCW 2.32.180.Construction -- Severability -- Headings -- 1990 c 43: See notes following RCW 81.100.010.Effective date -- 1985 c 57: See note following RCW 18.04.105.Severability -- 1983 c 303: See RCW 36.60.905.County rail districts: Chapter 36.60 RCW.Port districts, acquisition and operation of facilities: RCW 53.08.020. RCW 47.76.270Essential rail banking account merged into essential rail assistance account.The essential rail banking account is merged into the essential rail assistance account created under RCW 47.76.250. Any appropriations made to the essential rail banking account are transferred to the essential rail assistance account, and are subject to the restrictions of that account.[1995 c 380 § 7; 1993 c 224 § 6; 1991 sp.s. c 13 § 120; 1991 c 363 § 127; 1990 c 43 § 7. Formerly RCW 47.76.160.]Notes:Effective dates -- Severability -- 1991 sp.s. c 13: See notes following RCW 18.08.240.Purpose -- Captions not law -- 1991 c 363: See notes following RCW 2.32.180.Construction -- Severability -- Headings -- 1990 c 43: See notes following RCW 81.100.010. RCW 47.76.280Sale or lease for use as rail service Time limit.The department may sell or lease property acquired under this chapter to a county rail district established under chapter 36.60 RCW, a county, a port district, or any other public or private entity authorized to operate rail service. Any public or private entity that originally donated funds to the department under this chapter shall receive credit against the purchase price for the amount donated to the department, less management costs, in the event such public or private entity purchases the property from the department. If no county rail district, county, port district, or other public or private entity authorized to operate rail service purchases or leases the property within six years after its acquisition by the department, the department may sell or lease such property in the manner provided in RCW 47.76.290. Failing this, the department may sell or convey all such property in the manner provided in RCW 47.76.300 or 47.76.320.[1995 c 380 § 8; 1993 c 224 § 7; 1991 sp.s. c 15 § 61; 1991 c 363 § 126; 1985 c 432 § 3. Formerly RCW 47.76.040.]Notes:Construction -- Severability -- 1991 sp.s. c 15: See note following RCW 46.68.110.Purpose -- Captions not law -- 1991 c 363: See notes following RCW 2.32.180. RCW 47.76.290Sale or lease for other use Authorized buyers, notice, terms, deed, deposit of moneys.(1) If real property acquired by the department under this chapter is not sold to a public or private entity authorized to operate rail service within six years of its acquisition by the department, the department may sell or lease the property at fair market value to any of the following governmental entities or persons: (a) Any other state agency; (b) The city or county in which the property is situated; (c) Any other municipal corporation; (d) The former owner, heir, or successor of the property from whom the property was acquired; (e) Any abutting private owner or owners. (2) Notice of intention to sell under this section shall be given by publication in one or more newspapers of general circulation in the area in which the property is situated not less than thirty days prior to the intended date of sale. (3) Sales to purchasers may, at the department's option, be for cash or by real estate contract. (4) Conveyances made under this section shall be by deed executed by the secretary of transportation and shall be duly acknowledged. (5) All moneys received under this section shall be deposited in the essential rail banking account of the general fund.[1993 c 224 § 8; 1991 sp.s. c 15 § 62; 1985 c 432 § 4. Formerly RCW 47.76.050.]Notes:Construction -- Severability -- 1991 sp.s. c 15: See note following RCW 46.68.110. RCW 47.76.300Sale for other use Governmental entity.If real property acquired by the department under this chapter is not sold to a public or private entity authorized to operate rail service within six years of its acquisition by the department, the department may transfer and convey the property to the United States, its agencies or instrumentalities, to any other state agency, or to any county or city or port district of this state when, in the judgment of the secretary, the transfer and conveyance is consistent with the public interest. Whenever the secretary makes an agreement for any such transfer or conveyance, the secretary shall execute and deliver to the grantee a deed of conveyance, easement, or other instrument, duly acknowledged, as necessary to fulfill the terms of the agreement. All moneys paid to the state of Washington under this section shall be deposited in the essential rail banking account of the general fund.[1993 c 224 § 9; 1991 sp.s. c 15 § 63; 1985 c 432 § 5. Formerly RCW 47.76.060.]Notes:Construction -- Severability -- 1991 sp.s. c 15: See note following RCW 46.68.110. RCW 47.76.310Rent or lease of lands.The department is authorized subject to the provisions and requirements of zoning ordinances of political subdivisions of government, to rent or lease any lands acquired under this chapter, upon such terms and conditions as the department determines.[1993 c 224 § 10; 1991 sp.s. c 15 § 64; 1985 c 432 § 6. Formerly RCW 47.76.070.]Notes:Construction -- Severability -- 1991 sp.s. c 15: See note following RCW 46.68.110. RCW 47.76.320Sale at public auction.(1) If real property acquired by the department under this chapter is not sold, conveyed, or leased to a public or private entity within six years of its acquisition by the department, the department may, in its discretion, sell the property at public auction in accordance with subsections (2) through (5) of this section. (2) The department shall first give notice of the sale by publication on the same day of the week for two consecutive weeks, with the first publication at least two weeks before the date of the auction, in a legal newspaper of general circulation in the area where the property to be sold is located. The notice shall be placed in both the legal notices section and the real estate classified section of the newspaper. The notice shall contain a description of the property, the time and place of the auction, and the terms of the sale. The sale may be for cash or by real estate contract. (3) In accordance with the terms set forth in the notice, the department shall sell the property at the public auction to the highest and best bidder if the bid is equal to or higher than the appraised fair market value of the property. (4) If no bids are received at the auction or if all bids are rejected, the department may, in its discretion, enter into negotiations for the sale of the property or may list the property with a licensed real estate broker. No property may be sold by negotiations or through a broker for less than the property's appraised fair market value. Any offer to purchase real property under this subsection shall be in writing and may be rejected at any time before written acceptance by the department. (5) Conveyances made under this section shall be by deed executed by the secretary of transportation and shall be duly acknowledged. (6) All moneys received under this section shall be deposited in the essential rail banking account of the general fund.[1993 c 224 § 11; 1991 sp.s. c 15 § 65; 1985 c 432 § 7. Formerly RCW 47.76.080.]Notes:Construction -- Severability -- 1991 sp.s. c 15: See note following RCW 46.68.110. RCW 47.76.330Eminent domain exemptions.Transfers of ownership of property acquired under this chapter are exempt from chapters 8.25 and 8.26 RCW.[1993 c 224 § 12; 1991 sp.s. c 15 § 66; 1985 c 432 § 8. Formerly RCW 47.76.090.]Notes:Construction -- Severability -- 1991 sp.s. c 15: See note following RCW 46.68.110. RCW 47.76.350Monitoring federal rail policies.The department of transportation shall continue to monitor federal rail policies and congressional action and communicate to Washington's congressional delegation and federal transportation agencies the need for a balanced transportation system and associated funding.[1990 c 43 § 10. Formerly RCW 47.76.190.]Notes:Construction -- Severability -- Headings -- 1990 c 43: See notes following RCW 81.100.010.

Usa-washington Law Firm / Lawyers Services Provided in Usa-washington :

Usa-washington Divorce Laws, custody, Usa-washington Corporate Lawyers, Agreement, provident fund, Registered marriage, Court marriage Lawyers, Special/ Foreign marriage, Incorporation of company, Rent, eviction, tenancy, Lease Lawyers, Usa-washington Labour laws, Appeals, Supreme Court Lawyers, High Court Lawyers, Bail, medical, negligence, Insurance claims/ accidents Lawyer, Usa-washington Citizenship/ immigration Lawyers, Copyright Laws, Consumer, district Lawyer, State, national, Dowry, Wills & Probate, Trust & Estates Lawyers, Intellectual Property Lawyer, Bankrupt Lawyers, Banking & Finance, Corporate, Private Business Law, Recovery, Joint Venture & Mergers, Consumer, Civil Right Law Usa-washington, Medical Negligence, Medical Malpractice, legal notice, summons, Income Tax Lawyers, sales, Custom Law, Excise Law, octroi, cess Civil, Criminal Solicitor Usa-washington, Registration of property, Title search, mutation relationship, Conveyance, Transfer of Property Law, Usa-washington Property lawyer, deeds, drafts, power of attorney, Recovery, Taxation Laws in Usa-washington

LEGAL SERVICES

Add Lawyer
Legal Enquiry
Find a Lawyer
Bare Acts / India Codes
Statutes / Code

LAWYER BY LOCATION

India Lawyer
United State Lawyer
UAE Lawyer
Canada Lawyer
Find More...

LAW PRACTICE AREA

Business Law
Employment & Labor Law
Govt. Agencis & Taxtion
Family Law
Real Estate Property Law
Immigration Law

ABOUT HELPLINELAW

About Us
Contact Us
Services
Site Map
Recommend to Friends

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.