Pressure is building for greater passenger use of freight rail-road
rights of way. Freight rail-road rights of way are owned by
private, for-profit corporations, and the routes potentially most
useful for passenger service are typically the busiest with freight
traffic. In many cases, states or commuter rail authorities have
reached agreement with freight rail-roads to share either their
track or right of way. However, unlike Amtrak, which has eminent
domain power over freight facilities and can appeal to a federal
agency to determine the terms of its access to freight track, other
would-be passenger rail operators do not have any statutory
leverage when negotiating with freight rail-roads. This likely
increases the price public authorities pay for access and leaves
them with no apparent recourse when freight rail-roads reject their
offers.
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