Amtrak Invokes Eminent Domain for Rail Tunnel in Baltimore

Amtrak Invokes Eminent Domain for Rail Tunnel in Baltimore

Amtrak is trying to invoke eminent domain rights to build a multi-billion replacement for the 150-year-old rail tunnel that runs under West Baltimore.

The National Passenger Railroad Corp. says a new tunnel would be critical to its ability to operate the 100 mph trains it envisions for the Northeast Corridor.

The current tunnel was built shortly after the Civil War but its narrow passage and decaying condition have become a major chokepoint for rail traffic. Trains can only creep through the 1.4-mile brick and masonry tunnel at 30 mph.

Amtrak filed a lawsuit last week in U.S. District Court in Maryland that cites its special authorization from Congress for eminent domain. It seeks to acquire parcels of land on North Payson Street in Baltimore.

Construction would begin next year under Amtrak’s plan. Boring would start in 2026 for two single-track tunnels slightly north of the current tunnel. Completion of the $6 billion project is scheduled for 2033.

The tunnel is a link between Baltimore’s Penn Station and Washington, D.C.’s Union Station. About nine million rail passengers pass through it each year, according to Amtrak.

Amtrak officials said they chose a lawsuit to seize the property they need in Baltimore after negotiations with property owners to buy it failed. About 29 homes and 19 businesses sit on the property.

Amtrak deposited $267,500 with the court, which it described in its lawsuit as the amount representing “just compensation” for the fair market value of the combined land parcels. It names the city of Baltimore and state of Maryland as defendants.

The railroad said it could wait no longer as structural problems create maintenance and safety problems that are expensive to repair. Bricks are falling from tunnel walls and water in the soil is causing the tracks to sag dangerously.?

“Its current combination of horizontal and vertical track alignment … limits train speeds significantly, creating a bottleneck at a critical point in the [Northeast Corridor],” the lawsuit says. “Delays are chronic due to this bottleneck — more than 10% of weekday trains are delayed, and delays occur on 99% of weekdays.”

The new tunnel is in the final design stage, Amtrak officials said. They plan to award the first two construction contracts as early as this year.

About $4.7 billion of the estimated $6 billion project would be paid by federal funds, $450 million from the Maryland Department of Transportation and $750 million by Amtrak.

The new tunnel would be renamed from the current Baltimore & Potomac Tunnel to the Frederick Douglass Tunnel. It also would include new bridges, track, automated rail systems and station accessibility features for disabled persons.

For more information, contact The Legal Forum (www.legal-forum.net) at email: [email protected] or phone: 202-479-7240.

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