PROGRAM CRITERIA

Subpart 1. Eligibility. An abandoned rail line or right-of-way is eligible for acquisition and preservation in the state rail bank if it meets the requirements of Minnesota Statutes, section 222.63 , subdivision 2b. Subp. 2. Criteria. The commissioner will consider the following criteria in determining whether an abandoned rail line or right-of-way will be acquired: A. the availability of program funds; B. the probability of the rail line being utilized for the purpose identified; C. the likelihood that an alternative rail line right-of-way could not be reestablished in the future; D. the likelihood that no other entity will acquire the rail line for an appropriate use; and E. the adequacy of the title and the costs to cure defects in the title. Subp. 3. [Repealed, 23 SR 524] Subp. 4. [Repealed, 23 SR 524]