Does the STB have the authority to regulate (permit/stop)the
construction of a a new railroad track on new right of way? I do not
mean a railroad where an entity will construct a track, then run their
own trains over it and provide service for their customers. More
specifically, can a State that has its own right-of-way build a
railroad track on it? I have found several cases like the DM&E
railroad, but in the DM&E case they will run trains and service
customers.

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Request for Question Clarification by pafalafa-ga on 26 Jul 2006 16:06 PDT

powhatan-ga,

The jurisdiction of the STB is described in some of the most
cumbersome, legalistic terms I've ever come across.

That said, they seem to exercise very broad jurisdiction over almost
all railroad activity in the US that is in any way connected to the
interstate RR system.  As I read things, even new track within a
single state would be subject to STB control, if the track is part of
an interstate network (as I believe most track is these days).

It's hard to answer your question in the abstract in any more detail than this.

Is there a particular situation you wish us to look into?  More
details would be most helpful here.

Thanks,

pafalafa-ga

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Clarification of Question by powhatan-ga on 27 Jul 2006 10:11 PDT

Well I certainly am glad to find out that we see the language and the
STB's authority in the same light. However, that said the matter that
I am dealing with is indeed outside anything that the STB has seen
previously. More specically, (and I assume that all of what I am
telling you will be treated as Confidential)there will be railroad
tracks constructed, but not a railroad. And more than likely, the
tracks will not be connected to the interstate (or Class 1) railroad.

So the question is, why does the STB have to be involved? And that's
the Catch 22. They, the STB, will need sound reasons why they do not
have to be involved since as a Governmetal Agency, someone (like a
Congressman or a railroad) will ask and they need a good answer.