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.