§10906. Offering abandoned rail properties for sale for public purposes
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.
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| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10906 | 49:1a(10). | Feb. 4, 1887, ch. 104, |
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
Section Referred to in Other Sections
This section is referred to in sections 10903, 10907, 11505, 11702, 11901 of this title.