Title 49 — TransportationRelease 119-73
§28503 Surface Transportation Board mediation of rights-of-way use requests
Title 49 › Subtitle SUBTITLE V— - RAIL PROGRAMS › Part PART E— - MISCELLANEOUS › Chapter CHAPTER 285— - COMMUTER RAIL MEDIATION › § 28503
Summary
After reasonable negotiations fail over acquiring a railroad right‑of‑way for a segregated commuter rail guideway, either party may ask the Board for nonbinding mediation, which must use 49 CFR 1109.4 as of enactment.
Full Legal Text
Title 49, §28503
Transportation — Source: USLM XML via OLRC
If, after a reasonable period of negotiation, a public transportation authority cannot reach agreement with a rail carrier to acquire an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility to provide commuter rail passenger transportation, the public transportation authority or the rail carrier may apply to the Board for nonbinding mediation. The Board shall conduct the nonbinding mediation in accordance with the mediation process of section 1109.4 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this section.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 110–432, which was approved Oct. 16, 2008.
Reference
Citations & Metadata
Citation
49 U.S.C. § 28503
Title 49 — Transportation
Last Updated
Apr 6, 2026
Release point: 119-73