§ 39-6.1-1. Definitions. As used in this chapter: (1) “Agent for the state” means and includes the department of transportation as agent for the state as that term is used in 49 U.S.C. § 1654 and any amendments to it. (2) “Department” means the department of transportation or other appropriate state agency of this state. […]
§ 39-6.1-10. Cooperation between states. The department may cooperate with other states in connection with the purchase, operation, or assistance of or to any rail properties within this state. The department may also acquire trackage rights in other states and rail properties lying in other states in order to carry out the intentions and purposes […]
§ 39-6.1-10.1. Massachusetts Bay Transportation Authority. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority (“MBTA”), a body politic and corporate and a political subdivision of the Commonwealth of Massachusetts, and all its real and personal property shall be exempt from taxation and from betterments and special assessments; and the […]
§ 39-6.1-11. Cooperation between the department and local governmental units. In weighing the varied interests of the residents of this state, the department shall give consideration, as best as the situation allows, to the individual interest of any city or town expressing a desire to acquire a portion, or all, of the abandoned real estate […]
§ 39-6.1-12. Federal funds — Appropriations. The department may utilize federal funds, grants, gifts, or donations that are available, and any sums that are appropriated, in carrying out the purposes of this chapter. The department may apply for entitlement or other funds available under the provisions of 49 U.S.C. § 1654 or other federal programs. […]
§ 39-6.1-13. Application for federal loans. The department may apply for a loan or a guarantee of a loan under any applicable federal local rail assistance programs, within the limit of funds appropriated for those purposes. History of Section.P.L. 1976, ch. 28, § 1; P.L. 1984, ch. 81, § 13.
§ 39-6.1-14. [Repealed.] History of Section.P.L. 1976, ch. 28, § 14; Repealed by P.L. 1976, ch. 143, § 2.
§ 39-6.1-15. Purchase of rolling stock, equipment, and machinery. The department is authorized to purchase any railroad rolling stock, equipment, and machinery necessary for the operation and maintenance of any rail properties purchased by it on behalf of the state, with any funds made available for this purpose. The department may also acquire, and have […]
§ 39-6.1-16. Rebuilding, modernization, and maintenance of rail properties. The department may contract for the rebuilding or relocation of any rail properties acquired pursuant to this chapter, within the provisions of 49 U.S.C. § 1654 or any other appropriate legislation. The department may also spend any sums appropriated, as well as any other available funds, […]
§ 39-6.1-17. Authorization to contract to improve rail transportation service. The department may contract with any domestic or foreign person, firm, corporation, agency, or government to provide, operate, maintain, or improve rail transportation service on the rail properties acquired by the state under this chapter, or may provide such services, operation, and maintenance itself. History […]
§ 39-6.1-18. Disposition of acquired rail properties. Whenever the department determines that any rail properties acquired by the state are no longer needed for railroad purposes, it may, with the permission of the governor, permanently or temporarily transfer the rail properties to any other state department or agency, or political subdivision of the state, which […]
§ 39-6.1-19. Appropriations. The general assembly shall, from time to time, appropriate such funds as are necessary to effectuate the purposes of this chapter. History of Section.P.L. 1976, ch. 28, § 1.
§ 39-6.1-2. General powers of department. The department is hereby authorized to exercise those powers necessary for the state to qualify for rail service assistance pursuant to the provisions of 49 U.S.C. § 1654 or other applicable federal laws, including authority: (1) To establish a state plan for rail transportation and local rail services. (2) […]
§ 39-6.1-20. Rules and regulations. The department shall promulgate rules and regulations consistent with and for the purpose of adequately implementing the foregoing provisions of this chapter. History of Section.P.L. 1976, ch. 28, § 1.
§ 39-6.1-3. Assistance to rail lines. The department is hereby authorized to provide financial assistance, within the limits of the funds appropriated for this purpose, for the continuation of operations and maintenance of any railroad within or serving the state as provided for in 49 U.S.C. § 1654 or other relevant federal legislation. The department […]
§ 39-6.1-4. Access to information. The department, in performing its planning function, is authorized to request any railroad to provide such data and information as are necessary for the planning process. Railroads operating within the state shall provide the information within sixty (60) days of the date of the request. The department shall exercise all […]
§ 39-6.1-5. Acquisition and necessity. (a) The department, as sole agent for the state, may acquire by purchase, lease, or otherwise, any portion or portions of the rail property of any railroad corporation, including the tracks and ties, rights of way, land, buildings, appurtenances, and other facilities necessary for the operation of railroads. In addition, […]
§ 39-6.1-6. Operation, sale, or lease. The department may operate itself or may sell, transfer, or lease all, or any part, of the rail properties and other property acquired under the provisions of this chapter to any responsible person, firm, or corporation, whether private, quasi-public, or public, for continued operation and maintenance of a railroad, […]
§ 39-6.1-7. Interstate Commerce Commission certificate. After acquiring any railroad lines within the state, the department shall assist any responsible person, firm, or corporation, to secure, as promptly as possible, any order or certificate required by the Interstate Commerce Commission for the performance of railroad service. The department shall also give any assurances or guarantees […]
§ 39-6.1-8. Title to property of railroads. The department may take whatever steps are necessary in order to determine the absolute fee simple title ownership of all rail properties of any railroad within the state. The determination may include the status of the rail properties with respect to easements, rights of way, leases, reversionary rights, […]
