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MASSACHUSETTS STATUTES AND CODES

Section 1 Declaration of legislative intent

Section 1. It is hereby declared that rail transportation offers economic and environmental advantages with respect to land use air and noise pollution, energy efficiency, safety, and costs per ton mile of movement to the extent that the preservation, development and maintenance of such services is a public purpose and in the public interest; that essential rail transportation services for the movement of passengers and freight are threatened with cessation or significant curtailment because of the deterioration or inadequacy of rail rights of way either earlier acquired for a public purpose, or because of the insufficiency or inadequacy of rail facilities and related equipment, and because of the inability of private railroad companies to provide such services or facilities without public financial assistance; that the public convenience and necessity require that the adequate and efficient rail services and facilities be provided in the commonwealth; that these needs cannot be met without substantial action by the commonwealth; and that it is the intent of the general court to provide for such action through an act which authorizes a public agency to plan for and carry out the steps necessary to acquire, preserve, develop and construct when necessary on lands not formerly owned or used by a railroad, which insures the maintenance and operation of, adequate and efficient rail rights of way, related facilities or equipment, and rail services.

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