(The following story by Howard Fischer appeared on the Arizona Daily Star website on April 25.)
PHOENIX — State lawmakers aren’t going to block railroads from condemning private property to build new switching yards or tracks.
Without comment, the state Senate on Tuesday removed provisions from a legislative proposal to require rail companies to obtain permission of the Arizona Corporation Commission before using their power of eminent domain.
Instead, the measure now says railroads must hire independent experts to study the impacts of their expansion plans. At that point the Corporation Commission could suggest, but not require, that a company pick alternate sites.
Rep. Jonathan Paton, R-Tucson, said the change came in response to a legal question whether the state can restrict where railroads locate.
Paton conceded that even after the required studies and public hearings, a railroad still would remain free to pick the site it wants. But he insisted the diluted version of HB 2020 still could undermine things like a plan by Union Pacific Railroad for a 6-mile-long freight yard near Picacho Peak.
“I think you’re really discounting the idea of angry citizens sitting there with pitchforks and torches,” he said, citing the opposition to having a rail yard near such a scenic spot and state park.
Foes of the projects sought to make the best of what they can get.
Nick Simonetta, whose clients include landowners affected by Union Pacific’s plans, said the hearings will “shine a light” on the impact of the proposals. And that, he said, should at least get the attention of the federal Surface Transportation Board.
But Union Pacific spokesman Chris Peterson said his company does not need federal approval for the new rail yard. Similarly, he said consent by the Surface Transportation Board is unnecessary for the second set of tracks UP wants to build across the state.
But Paton insisted a hearing at the Corporation Commission provides a “soapbox” for residents.
“If it really is a bad decision, I think at the end of the day, that alone — pardon the pun — can derail this project if it is that bad for the public,” Paton said.
Even in its altered form, Peterson said the legislation still is illegal, as the Surface Transportation Board has “exclusive jurisdiction” over location of railroads.
View a mini-documentary video on the potential Picacho Peak rail yard at azstarnet.com/environment.