State lawmakers won't stop railroad plans
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 that would have required 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 - the company to pick alternate sites.
The Sun first reported in August that Union Pacific is considering extending a new rail route through Yuma to connect to a planned megaport in Punta Colonet, Baja Calif. Many local officials and farmers were upset after hearing the news citing that the public had not been engaged in the process. Bid proposals for the megaport, which is south of Ensenada, are expected to be released in May. Uncertainties of what the Mexican government will decide to do has left Union Pacific officials up in the air on how they will proceed with the project, as previously reported in The Sun.
Rep. Jonathan Paton, R-Tucson, said the change came amid legal question of whether the state can restrict where railroads can locate. Paton conceded that, even after studies and public hearings, a railroad still would remain free to pick the site it wants.
"They are not exploring other options because they don't have to,'' Paton said. This, he said, at least requires not just independent studies of impacts, including economic and environmental, but also a hearing at the Corporation Commission that he said provides a "soapbox'' for residents.
Ken Rosevear, executive director of the Yuma Chamber of Commerce, said removing the provision basically renders the legislative proposal useless.
"The purpose of the bill was to establish some oversight on what the railroad was doing," Rosevear said. "It's certainly a green light to go forward. If the railroad can go through without any oversight, it would expedite their process."
Sen. Amanda Aguirre, D-Yuma, says she thinks the proposal adds another level of community involvement.
"The intent is to make the railroad work more closely with community and the commission, which I believe they will do because it is in their best interest," Aguirre said. "Ultimately, the railroad has the power to decide to follow the state's recommendations or make their own decision."
Aguirre added that railroad companies would still have had the right to exercise eminent domain.
Paul Muthart, the general manager for Pasquinelli Produce and a member of Arizona Common Sense, a local community group examining the railroad issue, said he thinks the proposal is still accomplishing what it was intended to do because it still involves an independent regulatory body overseeing the process so that concerns that may arise can be carried forward to the federal level.
However, even in its altered form, Union Pacific spokesman Chris Peterson said the legislation still is illegal, as the Surface Transportation Board has "exclusive jurisdiction'' over location of railroads.
"The federal courts ruled a similar South Dakota law to be preempted and this legislation could face a similar challenge,'' he said. "So what the state may be buying is an expensive federal lawsuit.''
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Sun staff writer James Gilbert contributed to this report. James Gilbert can be reached at jgilbert@yumasun.com or 539-6854.
