Following a new hearing, the Fifth Circuit, in the bench, was repealed and found that ICCTA had not pre-empted the property rights. The fifth circle agreed with Frank`s investment that cases of routine and non-confrontational crossings are not categorically anticipated and that a cross-crossing (and/or its use) only incidentally concerns rail transportation, but does not have the effect of managing or regulating transportation, may assert state rights. The Tribunal also found that “[t]he record did not indicate that the four intersections had caused an unusual intervention in the railway,” but noted that “[t]hese were typical intersections and a typical quarrel” that was not anticipated. The court remanded the case in custody. Existing private crossing agreements are not transferable. Parties who purchase real estate with an existing private terminal must enter into a new private crossing agreement with the Union Pacific Railroad in order to continue to have legal access to their property, unless the crossroads is invoked in the original facts or by law. The Franks Investment case raised issues of considerable legal importance that go beyond the concerns of immediate participants. If the court`s large-scale interpretation of ICCTA`s pre-purchase situation is maintained and based on it, railways may be able to freely close all intersections as they see fit, regardless of the protected rights of landowners who potentially threaten thousands of landowners across the country who depend on crossings to access their property. Because of the important issues that have been raised, the Texas Farm Bureau and constitutional rights advocates, who teach and write about the state`s right of preemption, participated in the appeal as an amici curiae to support the landowner.
The STB also filed an amicus curiae letter in the general support of the landowner. These items contain all the documents and information necessary to request permission to install a new crossover on the upRR priority right. If you`ve already followed this process and you know what documents you need, you can select them from the list below. Union Pacific Railroad does not allow private access to land that has other reasonable access or has been distributed by a landowner and has sold part of its land. Some sites are not permitted for crossings due to construction and operating considerations such as the transverse siding, the tracks used for switching, special track work, sharp turns and other considerations.