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U.S. Code as of:
01/19/04
Section 1170. Abandonment of railroad line
(a) The court, after notice and a hearing, may authorize the
abandonment of all or a portion of a railroad line if such
abandonment is -
(1)(A) in the best interest of the estate; or
(B) essential to the formulation of a plan; and
(2) consistent with the public interest.
(b) If, except for the pendency of the case under this chapter,
such abandonment would require approval by the Board under a law of
the United States, the trustee shall initiate an appropriate
application for such abandonment with the Board. The court may fix
a time within which the Board shall report to the court on such
application.
(c) After the court receives the report of the Board, or the
expiration of the time fixed under subsection (b) of this section,
whichever occurs first, the court may authorize such abandonment,
after notice to the Board, the Secretary of Transportation, the
trustee, any party in interest that has requested notice, any
affected shipper or community, and any other entity prescribed by
the court, and a hearing.
(d)(1) Enforcement of an order authorizing such abandonment shall
be stayed until the time for taking an appeal has expired, or, if
an appeal is timely taken, until such order has become final.
(2) If an order authorizing such abandonment is appealed, the
court, on request of a party in interest, may authorize suspension
of service on a line or a portion of a line pending the
determination of such appeal, after notice to the Board, the
Secretary of Transportation, the trustee, any party in interest
that has requested notice, any affected shipper or community, and
any other entity prescribed by the court, and a hearing. An
appellant may not obtain a stay of the enforcement of an order
authorizing such suspension by the giving of a supersedeas bond or
otherwise, during the pendency of such appeal.
(e)(1) In authorizing any abandonment of a railroad line under
this section, the court shall require the rail carrier to provide a
fair arrangement at least as protective of the interests of
employees as that established under section 11347 (!1) of title 49.
(2) Nothing in this subsection shall be deemed to affect the
priorities or timing of payment of employee protection which might
have existed in the absence of this subsection.
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