(QUOTE)
49 U.S.C.
United States Code, 1994 Edition
Title 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART C - PASSENGER TRANSPORTATION
CHAPTER 243 - AMTRAK
Sec. 24311 - Acquiring interests in property by eminent domain
From the U.S. Government Publishing Office, www.gpo.gov
§24311. Acquiring interests in property by eminent domain
(a) General Authority.—(1) To the extent financial resources are available, Amtrak may acquire by eminent domain under subsection (b) of this section interests in property—
(A) necessary for intercity rail passenger transportation, except property of a rail carrier, a State, a political subdivision of a State, or a governmental authority; or
(section omitted because it does not apply)
(2) Amtrak may exercise the power of eminent domain only if it cannot—
(A) acquire the interest in the property by contract; or
(B) agree with the owner on the purchase price for the interest
(END OF QUOTE)
So first off. Amtrak can operate their trains on the property of a rail carrier (CSX) past the building in question, they CANNOT use eminent domain to take ownership of the tracks.
Secondly Amtrak is responsible for protecting their operations from nearby buildings.
Amtrak has, to the best of my knowledge made no attempt to purchase the failing building under contract, or agreed to any price with the owner...
And if the City of Albany takes over the building due to unpaid taxes then it belongs to the city of Albany which Amtrak is prohibited from exercising eminent domain over.
So, Amtrak needs to start to attempt to purchase the property and agree on a price.
Then since Amtrak is always broke they will not be able to agree to a price.
Then Amtrak can "take over the warehouse via eminent domain" and pay the owner maybe $10 million dollars.
And then Amtrak has as property filled with an environmental disaster that would cost Amtrak probably $50 million to fix....
Amtrak could just bring in some precast concrete arches and cover the tracks to protect them from falling debris for a lot less that it will cost to tear down that warehouse....
This is why that building is a White Elephant and nobody wants to touch it....
1) City of Albany takes it over for delinquent taxes and has to spend $50 million to end up with a parking lot worth maybe $10 million....
2) CSX (who apparently still owns the tracks) has an agreement that Amtrak can use the tracks, but does not need them for any freight traffic. And CSX probably has some legal agreement that they are not responsible for any damages from falling debris from adjacent buildings....
3) Amtrak could under exceptional circumstances bid the price of the building way up to meet their obligation to utilize "eminent domain" and acquire a property that requires $50 million to tear down
4) The owner gets Amtrak to pay him $20 Million to take over a environmental wreck and He/She does not have to worry about it ever again....
If I was the owner, I would agree to sell that hulk to Amtrak for $1 with a full bulletproof agreement that the current owner will never ever be responsible for any future damages from possibly toxic materials that may be on the site. That would be from City, State and Federal Regulations. But I doubt that Amtrak has anything like the authority to grant that immunity.
49 U.S.C.
United States Code, 1994 Edition
Title 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART C - PASSENGER TRANSPORTATION
CHAPTER 243 - AMTRAK
Sec. 24311 - Acquiring interests in property by eminent domain
From the U.S. Government Publishing Office, www.gpo.gov
§24311. Acquiring interests in property by eminent domain
(a) General Authority.—(1) To the extent financial resources are available, Amtrak may acquire by eminent domain under subsection (b) of this section interests in property—
(A) necessary for intercity rail passenger transportation, except property of a rail carrier, a State, a political subdivision of a State, or a governmental authority; or
(section omitted because it does not apply)
(2) Amtrak may exercise the power of eminent domain only if it cannot—
(A) acquire the interest in the property by contract; or
(B) agree with the owner on the purchase price for the interest
(END OF QUOTE)
So first off. Amtrak can operate their trains on the property of a rail carrier (CSX) past the building in question, they CANNOT use eminent domain to take ownership of the tracks.
Secondly Amtrak is responsible for protecting their operations from nearby buildings.
Amtrak has, to the best of my knowledge made no attempt to purchase the failing building under contract, or agreed to any price with the owner...
And if the City of Albany takes over the building due to unpaid taxes then it belongs to the city of Albany which Amtrak is prohibited from exercising eminent domain over.
So, Amtrak needs to start to attempt to purchase the property and agree on a price.
Then since Amtrak is always broke they will not be able to agree to a price.
Then Amtrak can "take over the warehouse via eminent domain" and pay the owner maybe $10 million dollars.
And then Amtrak has as property filled with an environmental disaster that would cost Amtrak probably $50 million to fix....
Amtrak could just bring in some precast concrete arches and cover the tracks to protect them from falling debris for a lot less that it will cost to tear down that warehouse....
This is why that building is a White Elephant and nobody wants to touch it....
1) City of Albany takes it over for delinquent taxes and has to spend $50 million to end up with a parking lot worth maybe $10 million....
2) CSX (who apparently still owns the tracks) has an agreement that Amtrak can use the tracks, but does not need them for any freight traffic. And CSX probably has some legal agreement that they are not responsible for any damages from falling debris from adjacent buildings....
3) Amtrak could under exceptional circumstances bid the price of the building way up to meet their obligation to utilize "eminent domain" and acquire a property that requires $50 million to tear down
4) The owner gets Amtrak to pay him $20 Million to take over a environmental wreck and He/She does not have to worry about it ever again....
If I was the owner, I would agree to sell that hulk to Amtrak for $1 with a full bulletproof agreement that the current owner will never ever be responsible for any future damages from possibly toxic materials that may be on the site. That would be from City, State and Federal Regulations. But I doubt that Amtrak has anything like the authority to grant that immunity.