Protect believes that the easements on the private land and the Preserve (a) never could be used to haul anything but ilmenite ore and (b) they have reverted, as a result of disuse and abandonment for this purpose, to the owners of the fee title interest in the land.
SNCR told the federal Surface Transportation Board nothing about this controversy in its October 25th notice to the Board stating that they were exempt from filing a detailed application to become a common carrier. They presented the exemption notice as a routine non- controversial matter but, as they knew, it isn’t. Protect simply presented the above facts to the Board. Because there obviously is a controversy and a detailed application is required, the Board rejected SNCR’s exemption notice and on Dec. 5 SNCR appealed. That’s where the matter lies.
Charles C. Morrison
Protect the Adirondacks!