
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: 49USC10901]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
                              PART A--RAIL
 
                         CHAPTER 109--LICENSING
 
Sec. 10901. Authorizing construction and operation of railroad 
        lines
        
    (a) A person may--
        (1) construct an extension to any of its railroad lines;
        (2) construct an additional railroad line;
        (3) provide transportation over, or by means of, an extended or 
    additional railroad line; or
        (4) in the case of a person other than a rail carrier, acquire a 
    railroad line or acquire or operate an extended or additional 
    railroad line,

only if the Board issues a certificate authorizing such activity under 
subsection (c).
    (b) A proceeding to grant authority under subsection (a) of this 
section begins when an application is filed. On receiving the 
application, the Board shall give reasonable public notice, including 
notice to the Governor of any affected State, of the beginning of such 
proceeding.
    (c) The Board shall issue a certificate authorizing activities for 
which such authority is requested in an application filed under 
subsection (b) unless the Board finds that such activities are 
inconsistent with the public convenience and necessity. Such certificate 
may approve the application as filed, or with modifications, and may 
require compliance with conditions (other than labor protection 
conditions) the Board finds necessary in the public interest.
    (d)(1) When a certificate has been issued by the Board under this 
section authorizing the construction or extension of a railroad line, no 
other rail carrier may block any construction or extension authorized by 
such certificate by refusing to permit the carrier to cross its property 
if--
        (A) the construction does not unreasonably interfere with the 
    operation of the crossed line;
        (B) the operation does not materially interfere with the 
    operation of the crossed line; and
        (C) the owner of the crossing line compensates the owner of the 
    crossed line.

    (2) If the parties are unable to agree on the terms of operation or 
the amount of payment for purposes of paragraph (1) of this subsection, 
either party may submit the matters in dispute to the Board for 
determination. The Board shall make a determination under this paragraph 
within 120 days after the dispute is submitted for determination.

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 
822.)


                            Prior Provisions

    A prior section 10901, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1402; 
Pub. L. 96-448, title II, Sec. 221, Oct. 14, 1980, 94 Stat. 1928, 
related to authorizing construction and operation of railroad lines, 
prior to the general amendment of this subtitle by Pub. L. 104-88, 
Sec. 102(a).


                             Effective Date

    Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. 
L. 104-88, see section 2 of Pub. L. 104-88, set out as a note under 
section 701 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 10906, 11702, 11901 of this 
title; title 45 section 904.
