News Release

Arizona Common Sense Continues Advocating For Passage Of HB2020 To Curb Eminent Domain Power Of Railroads

Arizona Could Start National Effort; Organization Also Concerned About Impact of Double-Tracking

YUMA, Ariz. (June 4, 2007): Even with Union Pacific Railroad's announcement that it has withdrawn from the bidding process for a rail line to serve the deep-water port of Puna Colonet in Baja California, Arizona Common Sense (ACS) remains focused on two key issues affecting the Yuma area: passage of HB2020 and the impact of double tracking, according to ACS Chairman Dave Mansheim.

ACS is strongly advocating for passage of HB2020 to require the Arizona Corporation Commission (ACC) to review any railroad proposal to acquire land or materials by eminent domain or auction. The bill may come up for a full vote as early as this week.

"Arizona may be on the leading edge of an effort that could gain traction on a national level to curtail, control or even eliminate the railroad's uncontested power of eminent domain," Mansheim said. "We remain fully engaged in the effort to collaborate with other communities for passage of HB2020 by Arizona legislators because the principle of the bill is critically important for Arizona homeowners, landowners and business owners to maintain their individual property rights."

The bill, sponsored by Representative Jonathan Paton of Tucson and supported editorially by newspapers across the state, would require the ACC to consider whether the railroad had evaluated alternative routes as well as considering economic and environmental matters before taking action to condemn land in its right-of-way.

"Whether or not UP stays out of the Punta Colonet bidding process remains to be seen, but passage of HB2020 will set a precedent that will determine how the company operates in local communities long into the future," Mansheim said. "The time has come to ensure that the railroad cannot run roughshod over individuals and individual communities to serve its own purposes."

Mansheim also said that ACS is extremely concerned about UP's contention that grade separations are not needed on any of the current crossings on UP's Sunset Route.

"The number of trains moving through the Yuma Valley will continue to increase, and so too will the safety risk to our community," Mansheim said. "That message was loud and clear at the recent ACC fact-finding session in Yuma and we will put all of our energy and resources into ensuring that the message continues to resonate among the key audiences that need to hear it."

Union Pacific has indicated that double-tracking will result in a significant increase in rail traffic, from the current average of 45 to more than 60.

"We believe the number is much higher than 60," he said. "But we also need to pay attention to the fact that each train coming through is over a mile long. Right now, there is a mile-long train coming through every half hour. What we may be looking at is continuous rail traffic hour after hour of every day."

Mansheim said an equally critical component of the double-tracking issue is ensuring that funding for crossings is equitable and "not solely on the backs of the taxpayers and the community."

Railroads normally are responsible for only five percent of construction costs for grade separations, "leaving the remaining 95 percent up for each crossing up to the community. That is neither fair nor equitable."

Mansheim said that the ACS board is continuing its efforts to "identify alternate routes through the Yuma Valley for rail lines that may be needed to serve Punta Colonet or any other expansion of the rail lines through this area."

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