09-15-2011 City seeks railway abandonment

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The City of South Bend hopes to use the abandoned railway corridor as right of way for utilities as well as for further development of multipurpose trails that would connect the city's west-side neighborhoods with the Riverside Trail, the East Bank Trail and potentially the campuses of Holy Cross College, Saint Mary's and Notre Dame. Although the Surface Transportation Board in a split decision denied a 2008 appeal to reopen the abandonment petition, the Board indicated that applicants could revisit the question "should the transfer, rehabilitation and restoration of operations not occur within a reasonable period of time." "A reasonable period of time has now passed since the Board issued its February 2008 decision. Because no evidence of any future need has ever materialized and because the lines have not been sold or restored, abandonment authority should be summarily granted," petitioners said. "Abandonment of the lines and the permanent removal of the remaining tracks will permit the revitalization and full development of the former right-of-way and facilitate the use, development and enjoyment of the underlying real properties." Renewed service hasn't materialized. The lines have not been rehabilitated and Norfolk Southern has recently removed additional safety equipment from the lines, which have 22 rail crossings over streets and alleys within city limits.Norfolk Southern"management does not see a real possibility that rail services will ever be resumed," petitioners said, adding that"continued upkeep of the safety equipment ... is a waste of its assets." "Unused lines located in an urban setting ... are a barricade to development and contribute to urban blight," petitioners said. "This is an intolerable situation that is contrary to the public interest, especially when the industries and businesses along the line have made it crystal clear that they have no need for future rail service and support abandonment of the lines in order to encourage local development and the revitalization of the part of South Bend that is adjacent to the lines." The Surface Transportation Board is an economic regulatory agency charged with resolving freight railroad rate and service disputes as well as reviewing proposed rail mergers,rail line purchases, constructions and abandonments. The petition was filed by City Attorney Charles Leone on behalf of the City of South Bend and Attorney Richard H. Streeter, counsel for the Sisters of Holy Cross Inc.,Brothers of Holy Cross Inc. and Holy Cross Village at Notre Dame.