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[quote]QUOTE: Originally posted by Limitedclear [quote]QUOTE: Originally posted by futuremodal [quote]QUOTE: Originally posted by CSSHEGEWISCH The concept of open access does serious damage to the 5th Amendment: "No person shall be deprived of life, liberty or property without due process of law." The concept implies that the owner of the track (who also operates the trains on that track) SHALL grant operating rights to any other entity, no mention about how trackage rights fees would be determined. [/quote] When we talk of splitting one entity into two separate entities, there is no taking of property. A stockholder in the former is now a stockholder in the two latter, thus he has not been deprived. This is why the Sherman Antitrust Act passed muster in the courts. [/quote] That would be the same Sherman Act that does not apply to railroads... LC [/quote] ...but it is an established precedent, and the precedent is all it takes to open the door (or the Pandora's box for those of you opposed to open access).
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