HR 1074 - Marietta railroad crossings; urge CSX reopen

First Reader Summary

A RESOLUTION urging CSX railroad to reopen railroad crossings in Marietta; and for other purposes.

Manning, Judith H (32nd) Shipp, Kem W (38th) Kaye, Mitchell (37th)
Sauder, Randy (29th) Parsons, Don L (40th) Grindley, Jr., George H (35th)
Status Summary HC: SC: LA: 02/13/98 H - Passed/Adopted
Page Numbers - 1/ 2
House Action Senate
2/13/98 Read 1st Time
2/13/98 Passed/Adopted

HR 1074                                            LC 11 9501 
                             A RESOLUTION 
  1- 1  Urging CSX railroad to reopen railroad crossings in 
  1- 2  Marietta; and for other purposes. 
  1- 3  WHEREAS, the State of Georgia currently leases certain 
  1- 4  property to the CSX railroad in the State of Georgia for the 
  1- 5  operation of a railroad; and 
  1- 6  WHEREAS, said leased property runs through the City of 
  1- 7  Marietta and crosses certain rights of way within the City 
  1- 8  of Marietta; and 
  1- 9  WHEREAS, the CSX railroad has closed two of these public 
  1-10  crossings, to the detriment of the public, local businesses, 
  1-11  and those covered by the Americans with Disabilities Act; 
  1-12  and 
  1-13  WHEREAS, the City of Marietta recently prevailed on a motion 
  1-14  for summary judgment in federal court, City of Marietta v. 
  1-15  CSX Transportation, Inc., Civil Action 1:96-cv-3509-MHS 
  1-16  (N.D. Ga., 1998), finding that the city had superior rights 
  1-17  to those intersections where the CSX railroad closed such 
  1-18  crossings; and 
  1-19  WHEREAS, that judgment determined the city's rights to such 
  1-20  road crossings to be precedent in time to those of the CSX 
  1-21  railroad, that the lease by the state to the railroad was 
  1-22  not intended to allow unilateral closure of municipal roads 
  1-23  crossing the railroad leasehold, and that permitting 
  1-24  railroads to control street crossings over railroad property 
  1-25  at the whim of the railroads was contrary to public policy; 
  1-26  and 
  1-27  WHEREAS, the State of Georgia feels that said closings are 
  1-28  not in the best interest of the citizens of the City of 
  1-29  Marietta, Cobb County, or the State of Georgia. 
  1-31  REPRESENTATIVES that CSX railroad is encouraged to reopen 
  1-32  the public crossings at Dobbs Street and Depot Street in 
  1-33  Marietta, Georgia. 
  2- 1  BE IT FURTHER RESOLVED that the Clerk of the House of 
  2- 2  Representatives is authorized and directed to transmit an 
  2- 3  appropriate copy of this resolution to CSX railroad. 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98