Page:United States Statutes at Large Volume 87.djvu/582

 550

Ante, p. 549. Elderly or i'ndivkws.

Acquisition of property.

.f °"^t"f,f *'°" ' "'""'"*"

for property.

PUBLIC LAW 93-146-NOV. 3, 1973

[87 STAT.

Xothing ill this section shall be construed to restrict the right of a raih-oad that has not entered into a contract with the Corporation for the provision of rail passenger service from performing auto-ferry service over its own lines. The Corporation is authorized to acquire, lease, modify, or develop the equipment and facilities required for the efficient provision of mail, express, and auto-ferry service, or to enter into contracts for the provision of such service.". SEC. 6. Section 305 of the Rail Passenger Service Act of 1970 (45 "U.S.C. 545), relating to general powers of the Corporation, is amended by adding at the end thereof the following new subsections: «((.) The Corporation is authorized to take all steps necessary to insure that no elderly or handicapped individual is denied intercity transportation on any passenger train operated by or on behalf of the Corporation, including but not limited to, acquiring special equipment and devices and conducting special training for employees; designing and acquiring new equipment and facilities and eliminating architectural and other barriers in existing equipment and facilities to comply with the highest standards for the design, construction, and alteration of property for the accommodation of elderly and handicapped individuals; and providing special assistance while boarding and alighting and in terminal areas to elderly and handicapped individuals. " (d)(1) The Corporation is authorized, to the extent financial resources are available, to acquire any right-of-way, land, or other property (except right-of-way, land, or other property of a railroad or l^ropeity of a State or political subdivision thereof or of any other governmental agency), which is required for the construction of tracks or other facilities necessary to provide intercity rail passenger service, by the exercise of the right of eminent domain, in accordance with the provisions of this subsection, in the district court of the United States in which such property is located or in any such court if a single piece of property is located in more than one judicial district: Provided, That such right may only be exercised when the Corporation cannot acquire such property by contract or is unable to agree with the owner as to the amount of compensation to be paid. "(2) The Corporation shall file with the complaint, or at any time before judgment, a declaration of taking containing or having annexed thereto— " (A) a statement of the public use for which the property is taken; " (B) a description of the property taken sufficient for the identification thereof; " (C) a statement of the estate or interest in the property taken; " (D) a plan showing the property taken; and " (E) a statement of the amount of money estimated by the Corporation to be just compensation for the property taken. " (^) Upon the filing of the declaration of taking and the depositing ji^ i\iQ court of the amount of money estimated in such declaration to be just compensation for the property, the property shall be deemed to be condemned and taken for the use of the Corporation. Title to such property shall thereupon vest in the Corporation in fee simple absolute or in any lesser estate or interest specified in the declaration of taking, and the right to the money deposited as estimated just compensation shall immediately vest in the persons entitled thereto. The court, after a hearing, shall make a finding as to the amount of money which constitutes just compensation for such property and shall make an award and enter judgment accordingly. Such judgment shall include, as part of the just compensation awarded, interest on the

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