Can you tell me exactly what in the constitution you are referring to? I will gladly look it up!You mean *gasp* if they uphold the constitution?
Not in the constitution, but in settled law, is the proposition that RRs are "common carriers", that is how they can obtain right of way by eminent domain, retain right of way through the middle of cities and towns, exert sole control over the said rights of way, ignore all state and local rules and ordinances (READ: Federal law governing "common carriers" {FRA} supersedes local rules/laws) and just about do anything they darned well want to do. The catch is this: In order to obtain/keep the "common carrier" designation, they must prove a service that is for the common good. Moving freight from here to there is not a qualifier, not all trucking/shipping firms are designated as "common carriers" in this manner. One of the requirements put on RRs way back when, in order to get public land for right of way, and get eminent domain power, was to move pax. That requirement was lifted when Amtrak was formed, but at that time, as a concession, Amtrak was to get this priority designation. That was part of the deal.....
No other freight moving industry enjoys the "rights" that RRs have. Ex. A trucking firm cannot have sole use of the inside lane of a highway, while UP can have sole power over a track placed in public owned land with a "right of way" being there. If they are willing to give these rights up, then they would be free to operate as fully independent entities, until then, they have commitments to follow, one being giving Amtrak priority.
Last edited by a moderator: