Holmes & Associates advises regional commuter rail or transit agencies that must negotiate with railroads to acquire the right to operate passenger service. Every transaction is unique, and we assist our clients in obtaining outright ownership of rights-of-way, easements, leases, or licenses as the particular situation demands. We regularly counsel transit agencies in connection with the negotiation of agreements for the shared use of rail corridors and related facilities, including passenger terminals.

Representative Matters

• Represented the California High Speed Rail Authority on matters relating to planning and permitting the 800-mile high-speed rail corridor between San Francisco and San Diego, California. Work scope included advising on corridor acquisition issues including environmental review and compliance (NEPA/CEQA) throughout the State of California.
• Served as a member of the three-person expert team supporting the High Speed Intercity Passenger Rail (HSIPR) program; strategic advisor in negotiations with Class 1 freight carriers for access to the freight rail network for the HSIPR program.
• Strategic advisor to the Virginia Department of Rail and Public Transportation (DRPT) in negotiations with CSX, Norfolk Southern, and Amtrak to improve and expand passenger rail operations. Also advised DRPT on incentive payment provisions to improve on-time performance of passenger service.
• Advised Lone Star Rail District, Austin, Texas, regarding the purchase an existing 110-mile main line Union Pacific freight corridor. Represented the rail district in negotiations with Union Pacific regarding the relocation of existing through-freight traffic to a new corridor east of existing mainline and with Amtrak regarding current and potential future Amtrak operations.
• Represented the Regional Transportation Commission, Las Vegas, Nevada in negotiations to purchase a Union Pacific Railroad Branch Line for use as a recreational trail and for future transportation purposes. Structured transaction to allow the release of non-federal match funds under the Southern Nevada Public Lands Management Act with United States Department of Interior, Bureau of Land Management.
• Represented the Metropolitan Transit System in San Diego, California in several contract and operational issues related to the Class III railroad operations performed on MTS-owned track.
• Represented the UTA in the development of the 90-mile commuter rail project, with a 3,000 foot flyover bridge, centered in Salt Lake City. Negotiated bridge easement and construction documents. Negotiated with several federal agencies on matters required for project opening, including the Environmental Protection Agency to eliminate liability for historic contamination, the Federal Transit Administration to achieve compliance on American with Disabilities Act, and the Federal Railroad Administration to obtain quiet zone status. The first phase project opened for passenger service in 2008.
• Chief negotiator and strategist on behalf of the UTA to purchase the Bingham Branch Corridor, an existing freight corridor owned and operated by Union Pacific Railroad. Simultaneously negotiated agreement with short-line operator to discharge common carrier obligations, and agreement with short-line operator and BNSF Railway to coordinate transit and freight operations on time-separated basis using dispatch protocols. Two new light rail extensions, the Mid-Jordan Line and the West Valley City Line, opened in 2011 for passenger service utilizing the former Bingham Branch Corridor.
• Principal strategist and lead negotiator in the acquisition of nearly 200 miles of railroad corridors from the Union Pacific Railroad on behalf of UTA. Negotiated and drafted transaction documents involving a variety of ownership and operating scenarios, such as time-separated operations conducted pursuant to freight easements, trackage rights agreements, and access agreements; drafted ancillary construction, operations and maintenance agreements.

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Representative PRESENTATIONS AND PUBLICATIONS

• Co-Author, US High-Speed Rail: FRA Names Grantees – Next Steps,” Project Finance International Magazine (February 2010)
• “Getting to Win-Win: The High Speed Rail Challenge,” The Association of Transportation Law Professionals 83rd Annual Meeting, Chicago, IL (June 2012)
• “Improving Passenger Rail While Preserving our World Class Freight Railroad System: The High Speed Rail Challenge,” American Public Transportation Association 2012 Rail Conference, Dallas, TX (June 2012)
• Co-Author, “Transportation Corridor Planning and Preservation in an Urban Environment,” Natural Resources & Environment (Fall 2006)
• “Planning and Permitting Shared Use Corridors: Agreements Facilitating the Development of Multi-Jurisdictional Passenger Rail Systems,” 2008 Rail Corridor Safety Conference sponsored by Federal Railroad Administration, Ventura, California (May 2008)
• “Consequences of a Global Economy on the Freight System—Implications for Next-TEA,” WTS SAFETEA-LU Summit, Phoenix, Arizona (October 2007)
• “Population Growth and Transportation Trends—the Utah Perspective on Corridor Preservation,” State Law Resources 2006 Annual Conference, Austin, Texas (November 2006)
• “Transportation Corridor Planning and Preservation,” Lorman Education Services— Developing Rural Real Estate: Overcoming the Obstacles in Utah, Seminar, Salt Lake City, Utah (October 2006)

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