
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC1106]

 
                           TITLE 45--RAILROADS
 
                   CHAPTER 20--NORTHEAST RAIL SERVICE
 
Sec. 1106. Exemption from transfer taxes and fees; recordation

    (a)(1) All transfers or conveyances of any interest in rail property 
(whether real, personal, or mixed) which are made under any provision of 
or amendment made by this subtitle shall be exempt from any taxes, 
imposts, or levies now or hereby imposed, by the United States or by any 
State or any political subdivision of a State, on or in connection with 
such transfers or conveyances or on the recording of deeds, bills of 
sale, liens, encumbrances, easements, or other instruments evidencing, 
effectuating, or incident to any such transfers or conveyances, whether 
imposed on the transferor or on the transferee. Such transferors and 
transferees shall be entitled to record any such deeds, bills of sale, 
liens, encumberances,\1\ easements, or other instruments, and to record 
the release or removal of any preexisting liens or encumbrances of 
record with respect to properties so transferred or conveyed, upon 
payment of any appropriate and generally applicable charges to 
compensate for the cost of the service performed.
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    \1\ So in original. Probably should be ``encumbrances,''.
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    (2) This section shall not apply to Federal income tax laws.
    (b) Transfer of designated real property (including any interest in 
real property) authorized by the amendments made by part 2 of this 
subtitle shall have the same effect for purposes of rights and 
priorities with respect to such property as recordation on the transfer 
date of appropriate deeds, or other appropriate instruments, in offices 
appointed under State law for such recordation, except that acquiring 
rail carriers and other entities shall proffer such deeds or other 
instruments for recordation within 36 months after the transfer date as 
a condition of preserving such rights and priorities beyond the 
expiration of that period. Conrail shall cooperate in effecting the 
timely preparation, execution, and proffering for recordation of such 
deeds and other instruments.

(Pub. L. 97-35, title XI, Sec. 1153, Aug. 13, 1981, 95 Stat. 677.)

                       References in Text

    This subtitle, referred to in subsecs. (a)(1) and (b), is subtitle E 
(Secs. 1131-1169) of title XI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 
643, as amended, known as the Northeast Rail Service Act of 1981. Part 2 
(Secs. 1136-1142) of subtitle E enacted sections 581 to 587, 727, 744a, 
and 761 to 769a of this title, amended sections 601 and 741 of this 
title, and enacted provisions set out as a note under section 744a of 
this title. For complete classification of this subtitle to the Code, 
see Short Title note set out under section 1101 of this title and 
Tables.
