Free Motion for Summary Judgment - District Court of Federal Claims - federal

Case 1:07-cv-00271-RHH

Document 56-9

Filed 05/15/2008

Page 1 of 2

38011

SERVICE DATE - JUE 8, 2007

DO

SURFACE TRANSPORTATION BOAR
DECISION

STB Docket No. AB-I081X
SAN PEDRO

RAILROAD OPERATING COMPANY, LLC-ABANDONMENT EXEMPTION-IN COCHISE COUNTY, AZ

Decided: June 6, 2007

By decision served February 3, 2006, the Board, under 49 U.S.C. 10502, exempted from

the prior approval requirements of 49 U.S.C. 10903 the abandonment by San Pedro Railroad railroad line in Cochise approximately 76.2 miles of Operating Company, LLC (SPROC) of between milepost 1085.0 at Bisbee Junction and County, AZ, as follows: (1) the Bisbee Branch, milepost 1090.6 at Bisbee, a distance of 5.6 miles; and (2) the Douglas Branch (a) between
milepost 1097.3 near Paul Spur and milepost 1106.5 near Douglas, a

distance öf 9.2 miles,

(b) between milepost 1055.8 near Charleston and milepost 1097.3 near Paul Spur, a distance of
41.5 miles, and

( c) between milepost 1040.1 5 near Curtiss and milepost 1055.8 near Charleston, a distance of 19.9 miles. The exemption was scheduled to become effective on March 5, 2006,

unless an offer of

financial assistance (OFA) was fied on ot before February 13,2006.

On February 13,2006, Sonora-Arizona International LLC (Sonora) timely filed an OFA

to purchase the line but, on July 12,2006, Sonora filed a notice indicating its withdrawal ofthe OF A. On July 13,2006, SPROC fied a letter requesting that the Board vacate the May 3, 2006 decision àuthorizing the sale and authorize SPROC to abandon this line. On July 20, 2006, SPROC fied a letter indicating its wilingness to enter into trail use negotiations previously requested by the Trust for Public Land (the Trust) under the National Trails System Act,
16 U.S.C. 1247(d) (Trails Act). By a decision served on July 26, 2006,

the Board reopened the

proceeding, granted Sonora permission to withdraw its OF A, terminated the financial assistance process, and vacated the February 17,2006 decision to the extent it postponed the effective date of the abandonment exemption. In the same decision, the Board also imposed a publìc use condition and issued a notice of interim trail use (NITU) for the subject line under the Trails Act, authorizing the Trust to negotiate an interim trail use/rail banking agreement with SPROC until
January 22, 2007.

the NITU negotiating period. In a letter fied January 25, 2007, SPROC consented to the extension but
On January 22, 2007, the Trust fied a request for a 30-day extension of

Def. Exhibit G

Case 1:07-cv-00271-RHH

Document 56-9

Filed 05/15/2008

Page 2 of 2

STB Docket No. AB-1081X

only for those portions of

the line between mileposts 1040.1 5 and 1074.3.1 By decision served

on February 14,2007, an extension was granted until February 21, 2007.

On January 29, 2007, SPROC fied a letter stating that it had consummated the abandonment ofthe line between: (1) milepost 1084.0 and milepost 1097.3 at Paul Spur, milepost 1097.3 at Paul Spur and milepost 1106.5 near Douglas, and (3) milepost 1085.0 at (2) Bisbee Junction and milepost 1090.6 at Bisbee.

On May 11,2007, SPROC fied a request to postpone for one year, until July 26, 2008, the line (from milepost the remaining portion of the deadline to consummate abandonment of
1040.15 near Curtiss to milepost 1084.0).2 SPROC states that the extension is needed to arange
for the ultimate disposition of

cause to extend the time to consummate the remainder of the abandonment and for fiing a notice of
the underlying right-of-way. SPROC has shown good consummation in this proceeding. Accordingly, the

request wil be granted.

This action wil not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:

1. SPROC's request for an extension oftime to exercise the abandonment authority for that portion of the line from milepost 1040.15 near Curtiss to milepost 1084.0 is granted.
2. The authority to abandon must be exercised, and the notice of

consummation must be

fied, on or before July 26, 2008.

3. This decision is effective on its service date.

By the Board, David M. Konschnik, Director, Offce of Proceedings.

Vernon A. Wiliams Secretary

the right-of-way between milepost 1074.3 at the the segment of intersection of the rail line with State Highway 92 and milepost 1084.0 was not mentioned by
SPROC in its January 29 letter.

i The status of

good cause shown, fie a request for an extension of time to file a notice of consummation in abandonment proceedings.
Under 49 CFR 11 52.29(e)(2), a railroad may, for

2 . .
2