When the Board approves an application to abandon or discontinue under section 10903, the Board shall find whether the rail properties that are involved in the proposed abandonment or discontinuance are appropriate for use for public purposes, including highways, other forms of mass transportation, conservation, energy production or transmission, or recreation. If the Board finds that the rail properties proposed to be abandoned are appropriate for public purposes and not required for continued rail operations, the properties may be sold, leased, exchanged, or otherwise disposed of only under conditions provided in the order of the Board. 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.
Pub. L. 104–88, title I, § 102(a)109 Stat. 827 (Added , , .)
Editorial Notes
Prior Provisions
section 10906 of this titlePub. L. 104–88, § 102(a)Provisions similar to those in this section were contained in prior to the general amendment of this subtitle by .
Pub. L. 95–47392 Stat. 1405 Pub. L. 96–448, title IV, § 402(c)94 Stat. 1942 Pub. L. 103–272, § 4(j)(26)108 Stat. 1369 Pub. L. 104–88, § 102(a)section 10904 of this titleA prior section 10905, , , ; , , ; , , , related to offers of financial assistance to avoid abandonment and discontinuance, prior to the general amendment of this subtitle by . See .
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 104–88section 2 of Pub. L. 104–88section 1301 of this titleSection effective , except as otherwise provided in , see , set out as a note under .