Railroad law wouldn't stop seizure of land

It is pointless to create laws that are pointless.

Some state lawmakers apparently don't get that point.

An Arizona Senate committee this week approved legislation that would require railroads operating in the state to get permission from the Arizona Corporation Commission (ACC) before they could take land through the use of eminent domain.

The pending legislation is partly in response to concerns raised by a proposal by Union Pacific Railroad to route a new rail link from a planned Mexican port through the Yuma area. Concerns have also been raised about a proposed new freight rail yard near Picacho Peak about 35 miles west of Tucson.

Residents here and in the Picacho Peak area are concerned about the potential for the railroad to use its eminent domain power to take the land it needs even if area residents object. The proposed bill would require the railroad to prove that environmental impacts and been considered and negative impacts on the area minimized before they would be allowed to seize land.

Normally, only a government body can take land needed for a public use but both Arizona law and federal law give privately owned railroads that power under the belief that it is in the public interest that their operations and interstate commerce not be stymied.

That is where the the rub comes in when it comes to the proposed Arizona restrictions.

As a Union Pacific spokesman noted, the state law, if it actually is passed by the Legislature, would be irrelevant. Federal law allows the railroad to use eminent domain, and if federal approval was granted it would supersede state action. As an interstate carrier, it is federal approval that is really necessary.

Eminent domain should be rarely used, whether by the government or a railroad. If Union Pacific wants land, it should seek voluntary participation from property owners and provide them with the compensation necessary to achieve its goals. In our view, railroads and utilities shouldn't even have the power to seize property, but the reality is they do have it.

It is understandable that those opposed to the railroad plans are frustrated and fearful of the railroad's power. However, passing a "feel-good," but irrelevant, state law is the wrong answer. It wastes the time of lawmakers and it undermines respect for the law.