Outside Counsel Services

The vendor required to provide outside counsel will advise and represent the department on matters relating to the acquisition, lease, maintenance, construction, operation, and management of railroads and other rail facilities, including trackage rights and service issues, and the acquisition of rail corridors, rail facilities, and railroad rights of way.
- Outside counsel will provide legal advice concerning the department's rights and obligations with respect to a rail carrier's abandonment of or discontinuance of service on a rail line, including requirements relating to interim trail use, rail banking, and termination of trail and implementing regulations, as well as the handling of claims resulting from rail banking and termination of trail use.
- Outside counsel will also be expected to advise and perform work for the department generally regarding the department's responsibilities under applicable federal and state laws relative to rail and rail transportation.
- Outside counsel will represent the department in any necessary proceeding before the surface transportation board and in negotiations with rail operators, construction companies, financial institutions, maintenance companies, and lessees.