Support Rail Abandonment

Support Southern Norfolk Rail Abandonment Request

December 21, 2006

By Judith Robert
Paint the Town Coalition

Why Its a Good Thing

The City of South Bend has requested that Norfolk Southern abandon its Niles Industrial Track. The Notice of Adverse Abandonment was published by the Surface Transportation Board (STB) in the Federal Register at 71 FR 71609 on Monday, December 11, 2006 [1]. We have until January 5, 2007 to file comments in support. The Board then will issue its decision by March 12, 2007.

We need to generate as much support for their petition for Adverse Abandonment of the rail line through the west side, Holy Cross, and St. Mary's Colleges as we can. Their aim, in South Bend, is to obtain title to the land for multi-purpose use, including recreational trail and alternative transportation corridor as well as underground utilities. That aim is clear in the text of the petition to the Surface Transportation Board. Certainly, the City administration wishes to improve the connectivity of trails throughout the City to enhance the investments already made.

Avoid Confusing Terms

Please do not use the terms rail-banking and rails-to-trails which have another parlance in proceedings before the STB. Those terms imply that the railroads would retain title to the land, loaning it out to other users. The railroads would have the option of re-instituting rail on the corridor. The petition does not favor that option. The Norfolk Southern has not put that option before the STB as their preference. So, if those who have yet to make comments to the STB would refrain from using these particular terms it would avoid some confusion of the issues before the Board.

How to File Your Support

Any persons, companies or groups supporting the city's Application to Abandon, can write to the STB referencing STB Docket AB-290 (sub-no.286).

1. The filing may be done on-line at the STB website [2] and "click" on the E-Filing link and follow instructions. Please reference STB Docket AB-290 (sub-no.286). Please copy Jeffrey Jankowski and Richard Streeter and put the following statement in your message to the STB:

"Certificate of Service. I verify that I sent, via e-mail copies of this document to the following persons at the following e-mail addresses. jjankows@SouthBendIN.gov and richard.streeter@BTLaw.com."

2. You may write a letter. You must verify in the letter that it was also sent to the persons listed below. The address is Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. Copies need to go to Jeffrey M. Jankowski at the City Attorney's Office, 1400 County-City Building, South Bend, In 46601 and Richard Streeter, Barnes and Thornburg LLP, 750 17th Street, NW., Ste 900, Washington DC 2006-4657. Anyone filing by paper will need to send an original and 10 copies to the Board.

Thank you, again, for your assistance for the petition and have Happy Holidays and New Year.

Additional Information

Michiana Watershed

Hi Judith,

Thanks for the update on the proposed abandonment of the Niles Secondary Industrial Railway Track (Coal Line to St Mary's, and Notre Dame, through Holy Cross, across the St Joseph River, and on through to the west of South Bend) and request for support. By copy will pass it on to others as well... As you noted, this is a wonderful opportunity to develop a Multipurpose Recreation Rail Trail Greenway to link up other recreation trails across the city and beyond, including the East Bank trail, the LaSalle Big Blue stem rail trail and on up to Lake Michigan as proposed so many years ago by Michiana Watershed.

Best,
Don Sporleder
Michiana Watershed

City of South Bend

Judith,

The Legal Department provided the information below concerning the City's request that Norfolk Southern abandon its Niles Industrial Track. If you are able to comment to the STB during this busy Holiday Season, please do so. I have attached [ed. - see Links (1) below] a copy of the Notice for your information.

"Our Notice of Adverse Abandonment was published by the Surface Transportation Board (STB) in the Federal Register at 71 FR 71609 on Monday, December 11, 2006.

"Our Application was Filed on 11/21/06. The Board has 110 days from that date to make its decision. Opponents of the Application have until January 5, 2007 to File comments in opposition. We then have until January 22, 2007 to File a Reply to those comments. The Board then will issue its decision by March 12, 2007.

"If you know of persons, companies or groups supporting our Application to Abandon, they can write to the STB referencing STB Docket AB-290 (sub-no.286). They must verify in the letter that it was also sent to the persons listed below.

"The address is Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. Copies need to go to Jeffrey M. Jankowski at the City Attorney's Office, 1400 County-City Building, South Bend, In 46601 and Richard Streeter, Barnes and Thornburg LLP, 750 17th Street, NW., Ste 900, Washington DC 2006-4657. Anyone filing by paper will need to send an original and 10 copies to the Board. The Filing may be done on-line at the STB website, www.stb.dot.gov and 'click' on the E-Filing link and follow instructions."

Carl P. Littrell, PE
City Engineer
1316 County-City Building
227 W. Jefferson Blvd.
South Bend, Indiana 46601
phone (574) 235-5937
fax (574) 235-9171
clittrel@southbendin.gov
website www.southbendin.gov

SJVGreens