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

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.

1-30 NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF
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.

Click here to read the original version.

House Action Senate
2/13/98 Read 1st Time
2/13/98 Passed/Adopted

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