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Carbon to get rail line appraisal updated

Carbon County railroad officials are retaining the services of a Washington, D.C., attorney, and Pennsylvania appraisal company and railroad attorney for the purposes of updating the value of its 19.5 miles of active rail line.

On Tuesday, the Carbon County Railroad Commission voted 3-1 on two actions - hiring attorney Edward Fishman of Hogan Lovells for professional services relative to railroad law in regards to updating the appraisal report of railroad property by Stone Consulting of Warren; as well as hire K&L Gates LLP of Harrisburg for professional services relative to real estate matters. Commissioner Chris Lukasevich cast the sole no vote in each action.

Rates for Fishman’s services would range from $280 to $725 per hour plus expenses and cost of updating the report by Stone Consulting.

Rates for K&L Gates would range from $475 to $625 per hour plus expenses.

Prior to the votes, Lukasevich voiced his concerns about going with a firm that is not in Pennsylvania.

He said that through his conversations with the firms, he felt that they were unfamiliar with county code and a court case in Lehigh County that defines fair market value.

Commissioners’ Chairman Wayne Nothstein, who also chairs the railroad commission, said the county has already been in agreements with these entities and this is why they should remain with them for this matter.

Lukasevich, on Wednesday morning, when asked about why the county was hiring these companies, clarified that the actions taken were strictly to update the report on the value of the rail that the county owns and does not include the physical real estate of the property, noting that it is just to have the most up-to-date figures available.

Carbon County first hired Fishman in 2016 for services relative to the construction of a trestle bridge between Nesquehoning and Jim Thorpe.

They authorized him to retain the services of Stone Consulting in 2017 when the commission decided on getting an appraisal of the active rail line the county owns after Carbon & Schuylkill Railroad, which consists of Reading and Northern Railroad, made an offer to purchase the line. No action on a sale was ever taken.

Carbon County has also entered into agreements with K&L Gates for legal railroad services multiple times since 2014.