There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 277 RAILROADS -- ORGANIZATION AND OPERATING REGULATIONS
277.402 Preservation of railroad corridors -- Public policy -- Preliminary declaration of state railbanking.
Download pdfsignaling equipment, ballast, and other items may indicate an intent to maximize
return on present investment and not an intent to abandon any underlying easement
for railroad or other use and that the obtaining of federal authority to discontinue
service over or abandon a corridor does not necessarily indicate an intent to
relinquish any property interests under state law. In any civil action to determine the
status of a railroad use easement, ambiguity as to intent shall be resolved in favor of
continued preservation of the corridor. (2) Any holder of a railroad corridor held by easement or otherwise may preserve that corridor by filing with the Secretary of State a "Preliminary Declaration of State
Railbanking," concurrently serving a copy of the declaration on the Transportation
Cabinet. The declaration shall state the name of the entity holding the corridor, a
textual description and map of the land area encompassed by the corridor, and a
statement that the entity does not intend to abandon the corridor described in the
declaration. The entity filing the declaration may at any later time cause that
declaration to be withdrawn from the Secretary of State's files. While a preliminary
declaration of state railbanking is on file with the Secretary of State, the corridor set
out in the declaration shall not, regardless of the status or conclusion of any federal
regulatory proceeding or the salvage of track and other material from the corridor,
be deemed abandoned and shall continue to exist under Kentucky law and the
property encompassed by the corridor shall not revert to any other form of
ownership. Effective: July 14, 2000
History: Created 2000 Ky. Acts ch. 338, sec. 3, effective July 14, 2000.
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