by Ken W2KB
TurningOfTheWheel wrote: ↑Fri May 14, 2021 11:45 pm NS and CSX are bound by the Faustian bargain that they and their predecessors made in 1971 to shift passenger obligations to Amtrak.Perhaps not. There are both Constitutional and contract law principles that can be cogently argued by the railroads. For example, it is a fundamental principle that a contract entered into by mutual mistake of a material fact gives right to either party to void a contract at will. The literature and legislative history at the time and subsequently is replete with statements that the expectation of the parties was that Amtrak passenger service taken oven by Amtrak would continue to decline over a relatively short period of time after which there would no longer be a need for such service, and thus the freight railroads would no longer host passenger trains. That, plus the 5th Amendment takings clause which requires just (i.e., full, including costs, lost profits, business impacts, etc.) compensation be paid by the government for burdens on private property.
~Ken :: Fairmont ex-UP/MP C436 MT-14M1 ::
Black River Railroad Historical Trust :: [/url]
Black River Railroad Historical Trust :: [/url]