Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 442-S.F.No. 1752 
           An act relating to railroads; establishing standard 
          for abandonment of tracks; clarifying standard for 
          abandonment of shops, terminals, and stations; 
          amending Minnesota Statutes 1988, sections 219.681; 
          219.71; and 219.85. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 219.681, is 
amended to read: 
    219.681 [REMOVAL OF RAILROAD TRACKS.] 
    A company operating a line of railroad in this state shall 
not abandon, close for traffic, or remove a spur, industrial, 
team, switching, or side track which has been used directly by 
the shipping public for loading or unloading freight without 
first obtaining the approval of the board.  The board shall 
consider, if submitted, whether the abandonment, closure, or 
removal will not substantially reduce the level of safety, 
health, or welfare of the railroad's customers, its employees or 
the public. 
    Sec. 2.  Minnesota Statutes 1988, section 219.71, is 
amended to read: 
    219.71 [HEARING; ORDER.] 
    In the hearing on the abandonment or removal of a shop or 
terminal, if the board determines that the abandonment or 
removal will result in efficiency in railroad operation and will 
not substantially injure the public or be detrimental to the 
public welfare safety, health, or welfare of the railroad's 
customers, its employees, or the public, the petition may be 
granted; otherwise it must be denied. 
    Sec. 3.  Minnesota Statutes 1988, section 219.85, is 
amended to read: 
    219.85 [RAILROAD STATIONS, AGENCY SERVICE.] 
    Agency service at common carrier railroad stations must be 
that required by the public convenience and necessity.  No 
station may be abandoned nor agency service reduced, 
discontinued, established, reestablished, or expanded without 
the consent approval of the board after public notice and 
opportunity for hearing is afforded.  The board shall consider, 
if submitted, whether the abandonment or reduction will not 
substantially reduce the level of safety, health, or welfare of 
the railroad's customers, its employees, or the public.  The 
board, on its own motion or upon the petition of an interested 
party, may order station agency service at a station 
established, reestablished, or expanded after notice and an 
opportunity for hearing.  When an application has been filed to 
close or abandon a station or to change station agency service, 
the board shall provide public notice of the application and.  
The notice must state that interested persons may object to the 
application within 30 days after publication of the notice.  On 
determining that a public hearing is unnecessary for resolution 
of the material issues relating to the application, the board, 
no sooner than 30 days after publishing the notice, may enter an 
order finally disposing of the application.  On determining 
otherwise, the board may not act on the application until a 
contested case hearing has been conducted under chapter 14.  
     Sec. 4.  [EFFECTIVE DATE.] 
     Sections 1 to 3 are effective the day following final 
enactment. 
    Presented to the governor April 12, 1990 
    Signed by the governor April 16, 1990, 4:28 p.m.