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Wednesday, July 16, 2008

State Sued Over Tracks

By Journal Staff Report

       The Santa Fe Southern Railway says state government's Rail Runner commuter train route is being built across a piece of land the state doesn't own.
    Santa Fe Southern, which operates a tourist train along the rail route through Santa Fe that is being converted for use by the Rail Runner, has filed suit against the state Department of Transportation saying the department intends to put Rail Runner tracks across a tract still owned by Santa Fe Southern.
    Santa Fe Southern sold its 18 miles of tracks and railroad right of way between downtown Santa Fe and Lamy to the state for $10 million in 2005.
    But in its state district court lawsuit, filed Monday, Santa Fe Southern says the state is doing construction work for the Rail Runner on land next to right of way that the state didn't buy.
    The DOT has removed "property belonging to SFSR," graded the site, stored equipment on it and has placed small flags there designating the route for a realignment of the old Santa Fe Southern tracks to accommodate the commuter train, the lawsuit says — all "without SFSR's permission or approval."
    Santa Fe Southern officials could not be reached Tuesday for information on the exact location of the site. But a legal description included in the lawsuit appears to say the property is near the site of an old pumice plant south of Zia Road at St. Francis that was recently demolished.
    The suit says DOT has taken and damaged the property without compensating Santa Fe Southern or initiating condemnation proceedings to acquire it. The DOT has "completely ignored" a written demand that it stop using the property, the suit says.
    S.U. Mahesh, spokesman for the Transportation Department, said the department does not comment on pending litigation.
    The lawsuit seeks compensation for "inverse condemnation," damages and attorneys fees.
    The Rail Runner, which now runs from Belen to Bernalillo through Albuquerque, is expected to start running to Santa Fe near the end of the year.
    Meanwhile, hopes of funding the extension of service to Santa Fe County pushed forward at a meeting of the Santa Fe Regional Planning Authority, with city and county officials recommending approval of a resolution establishing the joint Regional Planning Authority — which includes county commissioners and city councilors — as the governing body of a new Santa Fe regional transit district.
    The decision marked the first step in what promises to be a mad scramble by the two governments to create and certify the transit district in time to place on the November ballot in Santa Fe a proposed eighth-of-a-cent gross receipts tax increase to help pay for operational, maintenance and connecting transportation costs of the train.
    The City Council and County Commission are scheduled to individually vote on a contract establishing the transit district at a joint meeting and public hearing scheduled for Aug. 4. A special session with the State Transportation Commission to certify the district follows on Aug. 7.
    Days later, the city and new transit district will be asked to approve resolutions placing the gross receipts tax measure on the November ballot, although it's the county that ultimately has the power to do so and must take action no later than Sept. 12.
    The flurry of activity follows decisions by the city and county earlier this month to withdraw from the North Central Regional Transit District, an alliance composed of several northern New Mexico counties and pueblos. The NCRTD also proposed to pay for Rail Runner costs with a 0.125 gross receipts tax increase.
    At Tuesday's Regional Planning Authority meeting, city councilors and county commissioners continued to discuss the withdrawal and the issue of regional cooperation. Some officials touched on the possibility of working with the NCRTD in the future.
    "We've done what we've done and we have a commitment now to put this on the ballot," Santa Fe city councilor Rebecca Wurzberger said.