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New oil find in Sevier County Utah; status of proposed rail link
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[quote]QUOTE: <i>Originally posted by futuremodal</i> <br /><br />Look at your local regs. Most local governments have a say in how abandonded property is disposed. For example, if the owners of the Space Needle in Seattle suddenly converted to the sect of environmentalism and subsequenty decided that the structure was a blight on the environment and needed to be torn down, they would have a hard time getting the necessary permits to do so. The governments of Seattle, King County, and the State of Washington simply would not allow them to do so. <br /> <br />Governments at all levels do have an absolute say on how improved property is disposed. They need to take that oversight right and start applying it to railroads. <br /> <br />Mudchicken and LC are simply reactive antagonists who once again pull shortsighted retorts out of their anal brain holes. <br />[/quote] <br /> <br />FM - <br /> <br />SHOW ME THE STATUTES!!! Mr. Anal-IST. That is simply NOT TRUE. PERIOD. <br /> <br />Local governments can control zoning and to a lesser degree permitting, they cannot and do not have absolute control over property use or demolition. <br /> <br />Further, railroads are exempt from Anti-trust laws and which are not subject to local or state regulation of their operations, routes, and services by virtue of Federal preemption. Land use and permitting are expressly preempted under <u>City of Auburn v. U.S. </u> 154 F.2d 1025 (9th Cir. 1998) as is permitting of railroad constructed structures. <u>Green Mountain RR v Vermont </u> No. 04-0366 Slip Op.(2d Cir 2005). <br /> <br />So c'mon genius. Lets see it. No more smoke and mirrors. You can't just bend everything your way, nice try. <br /> <br />LC
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