North Carolina § 136-44 - 36A. Railway corridor preservation.

§ 136-44. 36A. Railway corridor preservation.

The North Carolina Department of Transportation is authorized, pursuant to 16 U.S.C.A. § 1247(d), to preserve rail transportation corridors and permit compatible interim uses of such corridors. History (1987 (Reg. Sess., 1988), c. 1071, s. 2.) Editor's Note. - Session Laws 1987 (Reg. Sess., 1988), c. 1071, s. 7 made this section effective upon ratification and applicable only to railroad corridors and abandonments after that date. The act was ratified July 7, 1988. Session Laws 1987 (Reg. Sess., 1988), c. 1071, ss. 3 through 5, provided: "Sec. 3. If the Congress of the United States repeals the authorization contained in 16 U.S.C.A. 1247(d) or if a court of competent jurisdiction declares the provisions to be unconstitutional or otherwise invalid, following any appellate review, then Section 2 of this act [which enacted this section] shall expire upon certification by the Secretary of State that the federal authorization has been repealed or has been invalidated. "Sec. 4. The Department of Transportation is authorized to proceed under Section 2 of this act, but the payment of just compensation may be provided to the underlying fee owners in accordance with Article 9 of Chapter 136 of the General Statutes, the same as if the railroad had been abandoned rather than preserved for future railroad use and compatible interim uses. "Sec. 5. The Department of Transportation shall develop a proposed high speed rail corridor plan for North Carolina, in conjunction with the Department's railway corridor preservation program. The Department shall present its plan to the 1989 General Assembly for its review and approval." Legal Periodicals. - For a comment on the acquisition, abandonment, and preservation of rail corridors in North Carolina, see 75 N.C.L. Rev. 1989 (1997).