HBA-NIK H.B. 1886 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1886 By: Turner, Bob Land & Resource Management 3/8/1999 Introduced BACKGROUND AND PURPOSE Currently, when a railroad company receives permission from the federal Surface Transportation Board to abandon a rail line, the right-of-way and all the improvements are sold to a salvage company. Under this process, the railroad company is able to receive compensation for a rail line over which the company no longer will operate, and the purchaser makes its profit through selling the rails and railroad ties for scrap. The remaining right-of-way often crosses private property, and owners of property adjacent to the right-of-ways have expressed concern over the use of such property, specifically objecting to its use as a hike and bike trail. H.B. 1886 provides that the title to abandoned railroad right-of-way reverts to the adjacent landowners. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 6, Title 112, V.T.C.S., by adding Article 6340A, as follows: Art. 6340A. DISPOSITION OF CERTAIN ABANDONED RAILROAD RIGHT-OF-WAY. (a) Requires the title to the railroad right-of-way for which rail service has been declared abandoned to revert to the current fee title owner on the 180th day after the date the federal Surface Transportation Board (board) declares rail service abandoned for a railroad or a portion of a railroad located within this state. (b) Requires the railroad company (company) that has abandoned rail service, no later than the 45th day after the date the board declares rail service abandoned over the rightof-way described by Subsection (a), to file notice of abandonment and the reversion of title in the county deed records, and to publish notice of the abandonment and the reversion of the title in a newspaper of general circulation in the county. (c) Requires that each notice required by Subsection (b) generally describe the abandoned right-of-way. (d) Provides that each adjacent landowner to whom the right-of-way reverts is deemed to acquire the right-of-way subject to any existing agreements under which a public utility, governmental entity, or political subdivision of this state has been granted the right to occupy the right-of-way by the company. Prohibits the adjacent landowner from being required to assume any obligation or liability associated with such easement, lease, license or agreement, other than the mere obligation to continue the right of occupancy or use granted thereby. (e) Authorizes any rails, switches, ties, or other personal property of the company that remains on the right-of-way after the first anniversary of the date the board declares rail service over the right-of-way abandoned to be declared a nuisance under the common law by a court of competent jurisdiction for the county in which the property is located, unless the adjacent landowner to whom the right-of-way reverts and the company that abandoned rail service provide otherwise by written agreement (f) Provides that, notwithstanding any other law, liability for any act or omission related to the right-of-way that has reverted in accordance with this article does not pass to an adjacent landowner to whom the right-of-way reverts. SECTION 2. Presents legislative findings. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.