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 Post subject: Nebraska Railroad Museum Equipment Disposition
PostPosted: Mon Oct 24, 2022 11:31 am 

Joined: Sun Aug 22, 2004 1:51 pm
Posts: 12148
Location: Somewhere east of Prescott, AZ along the old Santa Fe "Prescott & Eastern"
https://railfan.com/struggling-nebraska ... entennial/

Most of the article centers around Mike Roberts of Railroad Service Contractors in Kansas City acquiring the empty shell of UP Centennial 6925 for potential preservation, but at the end of the article:

Quote:
40-foot boxcar UP 108875, sold to a private individual and moved to Humphrey, Neb.
40-foot boxcar CNW 319, sold to a private individual and moved to Schuyler, Neb.
Combine CGW 284, sold to a private individual and moved to Ames, Neb.
Baggage BN 976184, sold to the Illinois Railway Museum and is being moved to Union, Illinois.
Pullmans FEVR 1101/1102, sold to private individuals with one moved to Davis, Okla. and the other awaiting removal.
RPO CB&Q 1938, deemed to be solely a static car; sold to a private individual and removal is pending.
Caboose UP 201, sold a private individual and moved to Beemer, Neb.
Flatcar M&StL 16217, pending sale to a private individual and future removal.


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 Post subject: Re: Nebraska Railroad Museum Equipment Disposition
PostPosted: Mon Oct 24, 2022 1:26 pm 

Joined: Sun Aug 22, 2004 11:54 pm
Posts: 2605
You have to love the pettiness of municipal government and its machinations.


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 Post subject: Re: Nebraska Railroad Museum Equipment Disposition
PostPosted: Tue Oct 25, 2022 9:41 am 

Joined: Thu Oct 24, 2019 11:05 pm
Posts: 198
superheater wrote:
You have to love the pettiness of municipal government and its machinations.

A some level it sounds like personal conflict the controlling parties.


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 Post subject: Re: Nebraska Railroad Museum Equipment Disposition
PostPosted: Tue Oct 25, 2022 10:20 am 

Joined: Thu Sep 22, 2011 4:29 pm
Posts: 1899
Location: Youngstown, OH
This is a new tactic by govt. against rail museums. Usually the govt. agency owns the land and revokes a lease or agreement, ala Pemberton, NJ. But in this case they pass an ordinance literally banning rail equipment from the city.

If the HRA had a legal defense fund this would be an ideal case for it, because we do not want this precedent to be established and to continue.

This should be a further admonition against getting too close with any government agency. They can and will turn against you. The nature of govt. is to radically change every so many years depending on who is voted in and out of office. Any entity that depends on the good graces of a govt. entity for survival will eventually be faced with a hostile situation. Yeah the enticement of grant money and support is great, but at what cost?

_________________
From the desk of Rick Rowlands
inside Conrail caboose 21747


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 Post subject: Re: Nebraska Railroad Museum Equipment Disposition
PostPosted: Thu Oct 27, 2022 5:56 pm 

Joined: Sat Mar 30, 2013 2:05 am
Posts: 131
Location: Glen Ellyn, IL
This is a good demonstration (if another one was needed after the Indiana RR Museum fiasco) as to why rail preservation organizations should have their own property, if at all possible.  While a deal like this may look like a good thing with friendly government officials, that can change in a heartbeat if the government people change, or if they no longer believe the preservation organization to be a asset to their constituencies.

Based solely on the information presented in the posts, this doesn't appear to me be a good case for a rail preservation trade association to get involved with (the old saying that "bad cases make bad law" comes to mind).  It would be one thing if UP or another STB regulated railroad were challenging the city action.  In this case, a city ordinance or other legal action purporting to force abandonment of the trackage or prevent an STB regulated railroad (like UP) from storing railroad equipment in the city over 30 days would pretty clearly be "preempted" by Federal law (see 49 USC 10501(b)(2), which gives STB "exclusive" jurisdiction over rail "transportation", including "car service", and preempts state regulation)   

Similarly, action by a city to force abandonment of a regulated railroad's trackage by revoking underlying agreements would be preempted (there was a good case on this in the early 2000's involving the "900 South" line in Salt Lake City - see https://utahrails.net/up/up-900-south.php).   But, again, this depends on the "railroad" involved being an STB regulated entity.

Again, I want to stress that this is based solely on the information provided in the posts.  There could well be additional information which I'm unaware of. 


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