§24311 — Title 49 Transportation | U.S. Code

Summary

Amtrak may take property by eminent domain when it has the money and needs the land for intercity passenger rail. It cannot take property owned by a rail carrier, a State, a local government, or a government authority, unless the Secretary of Transportation asks Amtrak to help build Union Station in Washington, D.C., and promises to repay Amtrak. Amtrak must try to buy the property first and can only use eminent domain if it cannot buy it or agree on a price. To take the property, Amtrak must sue in the federal district court where the land is. Amtrak files a written declaration and deposits the money it thinks is the fair payment into the court. The filing must say why the land is needed, describe it, show what ownership interest is being taken, include a plan, and state the estimated payment. Once that is filed and the money is deposited, title passes to Amtrak and the owner gets the right to the money. The court sets when Amtrak can take possession and handles any liens. After a hearing, the court decides the final fair payment and awards it plus interest at 6 percent a year, computed on the award minus the deposited amount from the date of taking to payment. The court can order immediate partial payment from the deposit, and if the award is more than the deposit, the court enters judgment for the difference. If Amtrak and a rail carrier cannot agree on buying carrier-owned property needed for passenger service, Amtrak can ask the Surface Transportation Board to order the sale on reasonable terms. The Board must hold a fast hearing and decide within 120 days unless the sale would seriously harm the carrier or Amtrak can get other property. If compensation is not set when the Board orders the sale, the order must include 6 percent interest per year from the date set for transfer until paid. The Board can allow Amtrak to later sell the property to a third party if that furthers the law’s goals, even for cases pending on November 28, 1990.

Title 49, §24311

Transportation — Source: USLM XML via OLRC

(a)(1)To the extent financial resources are available, Amtrak may acquire by eminent domain under subsection (b) of this section interests in property—

(A)necessary for intercity rail passenger transportation, except property of a rail carrier, a State, a political subdivision of a State, or a governmental authority; or

(B)requested by the Secretary of Transportation in carrying out the Secretary’s duty to design and build an intermodal transportation terminal at Union Station in the District of Columbia if the Secretary assures Amtrak that the Secretary will reimburse Amtrak.

(2)Amtrak may exercise the power of eminent domain only if it cannot—

(A)acquire the interest in the property by contract; or

(B)agree with the owner on the purchase price for the interest.

(b)(1)A civil action to acquire an interest in property by eminent domain under subsection (a) of this section must be brought in the district court of the United States for the judicial district in which the property is located or, if a single piece of property is located in more than one judicial district, in any judicial district in which any piece of the property is located. An interest is condemned and taken by Amtrak for its use when a declaration of taking is filed under this subsection and an amount of money estimated in the declaration to be just compensation for the interest is deposited in the court. The declaration may be filed with the complaint in the action or at any time before judgment. The declaration must contain or be accompanied by—

(A)a statement of the public use for which the interest is taken;

(B)a description of the property sufficient to identify it;

(C)a statement of the interest in the property taken;

(D)a plan showing the interest taken; and

(E)a statement of the amount of money Amtrak estimates is just compensation for the interest.

(2)When the declaration is filed and the deposit is made under paragraph (1) of this subsection, title to the property vests in Amtrak in fee simple absolute or in the lesser interest shown in the declaration, and the right to the money vests in the person entitled to the money. When the declaration is filed, the court may decide—

(A)the time by which, and the terms under which, possession of the property is given to Amtrak; and

(B)the disposition of outstanding charges related to the property.

(3)After a hearing, the court shall make a finding on the amount that is just compensation for the interest in the property and enter judgment awarding that amount and interest on it. The rate of interest is 6 percent a year and is computed on the amount of the award less the amount deposited in the court from the date of taking to the date of payment.

(4)On application of a party, the court may order immediate payment of any part of the amount deposited in the court for the compensation to be awarded. If the award is more than the amount received, the court shall enter judgment against Amtrak for the deficiency.

(c)(1)If Amtrak and a rail carrier cannot agree on a sale to Amtrak of an interest in property of a rail carrier necessary for intercity rail passenger transportation, Amtrak may apply to the Surface Transportation Board for an order establishing the need of Amtrak for the interest and requiring the carrier to convey the interest on reasonable terms, including just compensation. The need of Amtrak is deemed to be established, and the Board, after holding an expedited proceeding and not later than 120 days after receiving the application, shall order the interest conveyed unless the Board decides that—

(A)conveyance would impair significantly the ability of the carrier to carry out its obligations as a common carrier; and

(B)the obligations of Amtrak to provide modern, efficient, and economical rail passenger transportation can be met adequately by acquiring an interest in other property, either by sale or by exercising its right of eminent domain under subsection (a) of this section.

(2)If the amount of compensation is not determined by the date of the Board’s order, the order shall require, as part of the compensation, interest at 6 percent a year from the date prescribed for the conveyance until the compensation is paid.

(3)Amtrak subsequently may reconvey to a third party an interest conveyed to Amtrak under this subsection or prior comparable provision of law if the Board decides that the reconveyance will carry out the purposes of this part, regardless of when the proceeding was brought (including a proceeding pending before a United States court on November 28, 1990).

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 24311(a)45:545(d)(1) (less words between 11th comma and proviso).Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 305(d)(1); added Nov. 3, 1973, Pub. L. 93–146, § 6, 87 Stat. 550; restated Oct. 28, 1974, Pub. L. 93–496, § 6, 88 Stat. 1528; Feb. 5, 1976, Pub. L. 94–210, § 706(g), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, § 206(a), 94 Stat. 412. 24311(b)(1)45:545(d)(1) (words between 11th comma and proviso). 45:545(d)(2), (3) (1st sentence).Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 305(d)(2)–(5); added Nov. 3, 1973, Pub. L. 93–146, § 6, 87 Stat. 550. 24311(b)(2)45:545(d)(3) (2d sentence), (5). 24311(b)(3)45:545(d)(3) (3d, last sentences). 24311(b)(4)45:545(d)(4). 24311(c)45:562(d).Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 402(d); added Nov. 3, 1973, Pub. L. 93–146, § 10(2), 87 Stat. 552; Feb. 5, 1976, Pub. L. 94–210, § 706(h), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, § 206(a), 94 Stat. 412; Nov. 28, 1990, Pub. L. 101–641, § 9(a), 104 Stat. 4658. 45:562 (note).Nov. 28, 1990, Pub. L. 101–641, § 9(b), 104 Stat. 4658. In subsection (a)(1), before clause (A), the words “the exercise of the right of” and “right-of-way, land, or other” are omitted as surplus. In subsection (b)(1) and (2), the words “estate or” are omitted as surplus. In subsection (b)(1), before clause (A), the words “A civil action to acquire an interest in property by eminent domain under subsection (a) of this section must be brought” are added, the words “any judicial district in which any piece of the property is located” are substituted for “any such court”, and the words “under this subsection” are added, for clarity. In subsection (b)(2), before clause (A), the words “When the declaration is filed and the deposit is made under paragraph (1) of this subsection” are substituted for “shall thereupon” for clarity. The word “immediately” is omitted as surplus. In clause (A), the words “possession of the property is given to Amtrak” are substituted for “the parties in possession are required to surrender possession to the Corporation” to eliminate unnecessary words. Clause (B) is substituted for 45:545(d)(5) (last sentence) to eliminate unnecessary words. In subsection (b)(3), the words “of money” are omitted as surplus. The words “awarding that amount and interest on it” are substituted for “make an award and . . . accordingly. Such judgment shall include, as part of the just compensation awarded, interest” to eliminate unnecessary words. The words “of interest” are added for clarity. The words “finally . . . as the value of the property on the date of taking” and “on such date” are omitted as surplus. In subsection (b)(4), the word “award” is substituted for “compensation finally awarded” for consistency and to eliminate unnecessary words. The words “of the money . . . by any person entitled to compensation” and “amount of the” are omitted as surplus. In subsection (c)(1), before clause (A), the words “terms for”, “at issue”, “to the Corporation”, “and conditions”, “for the property”, “in any event”, “from the Corporation”, and “to the Corporation on such reasonable terms and conditions as it may prescribe, including just compensation” are omitted as surplus. In clause (A), the words “of the property to the Corporation” are omitted as surplus. In clause (B), the words “either by sale or by exercising its right of eminent domain under subsection (a) of this section” are substituted for “which is available for sale on reasonable terms to the Corporation, or available to the Corporation by the exercise of its authority under section 545(d) of this title” for clarity and to eliminate unnecessary words. In subsection (c)(3), the words “reconvey . . . an interest conveyed to Amtrak under this subsection or prior comparable provision of law” are substituted for “convey title or other interest in such property” for consistency in the revised title and to eliminate unnecessary words. The words “regardless of when the proceeding was brought” are substituted for section 9(b) (less words in parentheses) of the Independent Safety Board Act

Amendments

of 1990 (Public Law 101–641, 104 Stat. 4658) to eliminate unnecessary words.

Editorial Notes

Amendments

2012—Subsec. (c). Pub. L. 112–141, § 32932(c)(2)(B), substituted “Board” for “Commission” wherever appearing. Subsec. (c)(1). Pub. L. 112–141, § 32932(c)(2)(A), substituted “Surface Transportation Board” for “Interstate Commerce Commission”. Subsec. (c)(2). Pub. L. 112–141, § 32932(c)(2)(C), substituted “Board’s” for “Commission’s”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

§24311 Acquiring interests in property by eminent domain

Summary

Title 49, §24311

Notes & Related Subsidiaries

Historical and Revision Notes

Amendments

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata