Received the following via email on 9-18-08.
New developments in connection with the dormant, flood-ravaged segment ofthe former DL&W/EL Utica Branch between Chenango Forks and Sherburne, NY.
September 17, 2008
NYDOT tries to halt railroad from discontinuing service
New York State Department of Transportation has moved to halt a railroad from discontinuing service along the roughly 41 miles for track that stretches from Chenango Forks to Sherburne, N.Y., local newspapers report Ina petition filed last week, the NYSDOT requested that the Surface Transportation Board "stay the date of the [New York Susquehanna andWestern's] petition for discontinuance of service on the Utica Branch pending the resolution of the NYS&W's outstanding contractual obligations."
The action was taken in response to the Aug. 12 filing with the STB by the Cooperstown-based rail company seeking to discontinue service as of Oct. 1. The line, which NYS&W acquired from Conrail in 1982, has not been actively used since the track was heavily damaged in flooding more than two years ago.
According to the state DOT, "since June 2006, NYS&W has made no attempt to restore the line to service and such failure violates several provisions of the various contracts."
The petition cites the railroad for failing to maintain the track, not seeking the Commissioner's approval before filing the notice to discontinue service and for not making arrangements to reimbursement the NYSDOT for approximately $1.29 million in project costs.
The railway currently has 13 contracts (six for "track and structure rehabilitation" and seven for "highway/railroad structure rehabilitation") open with the NYSDOT related to the Utica Branch, which includes the stretch of track along which they are seeking to discontinue use. These contracts total more than $13 million in taxpayer dollars.