---
kind: "section"
citation: "49 U.S.C. § 28503"
title: "49"
title_heading: "Transportation"
number: "28503"
heading: "Surface Transportation Board mediation of rights-of-way use requests"
release: "119-102"
url: "https://uscodex.org/usc/49/28503"
units:
  - "Subtitle V — Rail Programs"
  - "Part E — Miscellaneous"
  - "Chapter 285 — Commuter Rail Mediation"
---

# §28503. Surface Transportation Board mediation of rights-of-way use requests


If, after a reasonable period of negotiation, a [public transportation authority](/usc/49/28501.md?p=4) cannot reach agreement with a [rail carrier](/usc/49/28501.md?p=5) to acquire an interest in a railroad right-of-way for the construction and operation of a [segregated fixed guideway facility](/usc/49/28501.md?p=6) to provide [commuter rail passenger transportation](/usc/49/28501.md?p=3), the [public transportation authority](/usc/49/28501.md?p=4) or the [rail carrier](/usc/49/28501.md?p=5) may apply to the [Board](/usc/49/28501.md?p=1) for nonbinding mediation. The [Board](/usc/49/28501.md?p=1) shall conduct the nonbinding mediation in accordance with the mediation process of [section 1109.4 of title 49, Code of Federal Regulations](/cfr/49/1109.4.md), as in effect on the date of enactment of this section.


## Source credit

(Added Pub. L. 110–432, div. B, title IV, § 401(a), Oct. 16, 2008, 122 Stat. 4956.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 110–432, which was approved Oct. 16, 2008.