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Railroad agreements re-examined

Carbon County officials have hired a professional services company to help figure out agreements with regards to its railroad.

On Thursday, the county commissioners voted to hire K&L Gates LLP of Washington, D.C., for evaluation of the authority of the county and the railroad commission regarding the use of its railroad property. The cost for the services will be approximately $5,000 depending on the complexity of the underlying laws and regulations and will be covered by the county railroad commission.Commissioners' Chairman Wayne Nothstein said the county is looking at the agreements with the various railroads that use the county-owned tracks, located along the former Nesquehoning branch between Jim Thorpe and the Hometown High Bridge in Schuylkill County.He noted that there are various agreements between the county and Carbon and Schuylkill Railroad, the company hired to manage the county railroad; and C&S Railroad and Reading, Blue Mountain and Northern Railroad and Lehigh Gorge Scenic Railway. C&S Railroad is run by Reading and Northern Railroad following a 1994 agreement, which gave trackage rights to the company."We have to look at the agreements," he said.County solicitor Daniel Miscavige said there are separate trackage use agreements that are being looked at, as well as deciphering wording in the agreements on who manages what on the line."We're making sure all who are operating (on that line) are operating from the same point going forward," he said.Commissioner William O'Gurek said this is an ongoing discussion with the railroad on who manages the line's adjoining property and it dates back to around 2009 when the county hired Andy Strauss of Strauss and Associates/Planners to review deeds, the title of the property, easements, engineering data, identify mile posts and the Nesquehoning Branch Line 1009, and anything associated with the rail line and non-rail real estate. The total for that agreement was $17,500.The commissioners received some clarifications, but the topic of management rights of the line based on agreements with the four entities are still unresolved.In 2014, the county hired K&L Gates to review the current operating agreement of the C&S Railroad and Reading and Northern Railroad at a cost of $20,000 out of the railroad commission funds.