Posted on 07/16/2008 12:49:16 PM PDT by CedarDave
The Santa Fe Southern Railway says state government's Rail Runner commuter train route is being built across a piece of land the state doesn't own.
Santa Fe Southern, which operates a tourist train along the rail route through Santa Fe that is being converted for use by the Rail Runner, has filed suit against the state Department of Transportation saying the department intends to put Rail Runner tracks across a tract still owned by Santa Fe Southern.
Santa Fe Southern sold its 18 miles of tracks and railroad right of way between downtown Santa Fe and Lamy to the state for $10 million in 2005.
But in its state district court lawsuit, filed Monday, Santa Fe Southern says the state is doing construction work for the Rail Runner on land next to right of way that the state didn't buy.
The DOT has removed "property belonging to SFSR," graded the site, stored equipment on it and has placed small flags there designating the route for a realignment of the old Santa Fe Southern tracks to accommodate the commuter train, the lawsuit says — all "without SFSR's permission or approval."
Santa Fe Southern officials could not be reached Tuesday for information on the exact location of the site. But a legal description included in the lawsuit appears to say the property is near the site of an old pumice plant south of Zia Road at St. Francis that was recently demolished.
The suit says DOT has taken and damaged the property without compensating Santa Fe Southern or initiating condemnation proceedings to acquire it. The DOT has "completely ignored" a written demand that it stop using the property, the suit says.
S.U. Mahesh, spokesman for the Transportation Department, said the department does not comment on pending litigation.
(Excerpt) Read more at abqjournal.com ...
Property rights? Dems don’t care about no stinking property rights.
Do I smell some eminent domain blowin’ in the wind?
What next? The RR is bankrupting the state anyway so now we’re going to have to pay damages in this case? Why doesn’t he hurry up and get a cabinet position so he can leave the state before it’s entirely ruined!?
Stay tuned. Just found a juicy story I will post shortly -- NM doesn't own the Rail Runner name!!
Arrggg...
#6 was supposed to be addressed to you.
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