49 U.S.C. § 10906
Section 10906 · Exception
Viewing 49 U.S.C. § 10906 as in effect on October 17, 1978. The text changed in 1 later edition (most recent December 29, 1995).
View current version →When the Interstate Commerce Commission finds under section 10903 of this title that the present or future public convenience and necessity require or permit abandonment or discontinuance, the Commission shall find further whether the rail properties that are involved in the proposed abandonment or discontinuance are suitable for use for public purposes, including highways, other forms of mass transportation, conservation, energy production or transmission, or recreation. If the Commission finds that the rail properties proposed to be abandoned are suitable for public purposes, the properties may be sold, leased, exchanged, or otherwise disposed of only under conditions provided in the order of the Commission. The conditions may include a prohibition on any such disposal for a period of not more than 180 days after the effective date of the order, unless the properties have first been offered, on reasonable terms, for sale for public purposes.
Editorial notes U.S. Code · Office of the Law Revision Counsel
The words “require or” are inserted for consistency with section 10903(a) of the revised title. The words “the rail properties that are involved in the proposed abandonment or discontinuance” are substituted for “such properties” for clarity. The words “roads or” are omitted as unnecessary because roads are included in the subtitle definition of “highways”. The word “other” before “public purposes” is omitted as unnecessary. The words “terms and” are omitted as unnecessary.
Conversion of Abandoned Railroad Rights-of-Way
Pub. L. 94–210, title VIII, §809(a), (b), (d), Feb. 5, 1976, 90 Stat. 144, 146, as amended Pub. L. 94–555, title II, §220(g), Oct. 19, 1976, 90 Stat. 2630; Pub. L. 96–448, title IV, §403, Oct. 14, 1980, 94 Stat. 1945, directed Secretary of Transportation to prepare and submit a report on conversion of railroad rights-of-way within 360 days after Feb. 5, 1976, directed Secretary to provide financial, educational, and technical assistance to local, State, and Federal governmental entities for programs involving conversion of abandoned railroad rights-of-way to recreational and conservational uses, and authorized appropriations for such purposes.