277.402 Preservation of railroad corridors -- Public policy -- Preliminary

297 words·~1 min read·/ky/277-402

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

declaration of state railbanking.

(1)It is the public policy of this state to preserve railroad corridors for future railroad

use. Toward this end, the Commonwealth recognizes that the salvage of tracks, ties,

signaling equipment, ballast, and other items may indicate an intent to maximize

return on present investment and not an intent to abandon any underlying easement

for railroad or other use and that the obtaining of federal authority to discontinue

service over or abandon a corridor does not necessarily indicate an intent to

relinquish any property interests under state law. In any civil action to determine the

status of a railroad use easement, ambiguity as to intent shall be resolved in favor of

continued preservation of the corridor.

(2)Any holder of a railroad corridor held by easement or otherwise may preserve that

corridor by filing with the Secretary of State a "Preliminary Declaration of State

Railbanking," concurrently serving a copy of the declaration on the Transportation

Cabinet. The declaration shall state the name of the entity holding the corridor, a

textual description and map of the land area encompassed by the corridor, and a

statement that the entity does not intend to abandon the corridor described in the

declaration. The entity filing the declaration may at any later time cause that

declaration to be withdrawn from the Secretary of State's files. While a preliminary

declaration of state railbanking is on file with the Secretary of State, the corridor set

out in the declaration shall not, regardless of the status or conclusion of any federal

regulatory proceeding or the salvage of track and other material from the corridor,

be deemed abandoned and shall continue to exist under Kentucky law and the

property encompassed by the corridor shall not revert to any other form of

ownership.