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PRESEAULT v. I.C.C.

No. 764, Docket 87-4117.

853 F.2d 145 (1988)

J. Paul PRESEAULT and Patricia Preseault, Petitioners, v. INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents. State of Vermont, Agency of Transportation, and City of Burlington, Vermont and Vermont Railway, Inc., Intervenors.

United States Court of Appeals, Second Circuit.

Decided August 4, 1988.

Attorney(s) appearing for the Case

Richard E. Davis, Barre, Vt. (Richard E. Davis Associates, Inc., T. Christopher Green, of counsel), for petitioners.

Louis Mackall, Washington, D.C. (Robert S. Burk, Gen. Counsel, I.C.C., Ellen D. Hansen, Associate Gen. Counsel, Roger J. Marzulla, Acting Asst. Atty. Gen., Jacques Gelin, Mark L. Pollot, Attys., Dept. of Justice, of counsel), for I.C.C. and U.S.

John K. Dunleavy, Montpelier, Vt. (Jeffrey L. Amestoy, Atty. Gen., Vt. John T. Leddy, of counsel), for intervenors.

Before FEINBERG, Chief Judge, PRATT, Circuit Judge, and JOSEPH M. McLAUGHLIN, District Judge for the Eastern District of New York, sitting by designation.

GEORGE C. PRATT, Circuit Judge:

Concerned about the disintegration of our national rail system due, in part, to abandonment of rail corridors, congress called for a study on establishing a "rail bank" consisting of selected abandoned railroad rights-of-way. Railroad Revitalization and Regulatory Reform Act of 1976, § 809, P.L. 94-210, Title VIII, 90 Stat. 144 (codified as amended at 49 U.S.C. § 10906 (1980)). One significant impediment to the preservation...

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