Requires Railroads to
Negotiate in Good Faith
Feb. 11, 2009. The
Jersey City Municipal Council endorsed a bill we
support that is making its way through the New Jersey
State Legislature. The bill,
A-3120 (identical to Senate bill S-2538) requires
railroads to negotiate in good faith with governments
when rail lines are abandoned and gives governments a
right of first refusal. It strengthens existing law
intended to preserve rights of way for public
use.
If negotiations don't work out during
an initial 90-day period, the railroad can then contract
a sale with private parties. Governments that
expressed interest during the 90-day period, however,
can exercise a right to match the price and acquire the
property.
This legislation is fair to both
governments and the railroads, who will get the price
that would otherwise get from a private party. It
will protect taxpayers by discouraging sweetheart
deals between railroads and private parties that drive
up the price of rights of way important to the state,
its counties, and its municipalities.
Assembly Sponsors are L. Harvey Smith,
who represents Jersey City, and John Wisniewski from
Monmouth County. Primary sponsors of the Senate
bill are Nicholas Sacco and Brian Stack, and Sandra L.
Cunningham is signing on. That gives the bill
strong support from all senators representing our
area.
With the support of Mayor Jerramiah
Healy, the resolution passed 8-0. We hope the
endorsement will help speed the bill to
enactment.
Thank you to Embankment supporters
who, on short notice, spoke for the
resolution.
