E&J Railroad Sale Railroaded by Forest Preserve

[JWH]

This is awesome news for us!!!


Forest board won't sell land for rail merger

February 28, 2008
By KATHY CICHON [e-mail]
Exclusive: Forest preserve district officials in DuPage County are expected to formally notify Canadian National Railway next week that it cannot acquire or use a one-acre parcel of land in Pratt’s Wayne Woods Forest Preserve in its plans to reroute freight traffic around Chicago.

“Based on our investigation, the forest preserve district will not sell, lease or in any way turn over any... property to Canadian (National Railway),” said President D. “Dewey” Pierotti, Jr. Thursday morning. “Number one, under the law, the forest preserve district does not have the authority to sell that property to a third party. And number two, more importantly, Canadian (National) does not have the power or authority to condemn the property.”

» Click to enlarge image

A freight train sits on the EJ&E tracks off 111th Street. Canadian National Railway has approached the Forest Preserve District about acquiring a one-acre parcel of land in Pratt's Wayne Woods.
(Brian Powers/Staff photographer)
On Tuesday the Forest Preserve District of DuPage County Board of Commissioners is expected to authorize the district to send a letter notifying the railway of its position. Canadian National first approached the forest preserve district about the property nearly two months ago, said executive director Brent Manning.

“When the president first heard of this, red flags went up every place,” Manning said Thursday.

Canadian National expressed interest in acquiring approximately one acre of district land near Powis Road and the intersection of the Canadian National and Elgin, Joliet and Eastern Railroad tracks inside the Wayne preserve. Plans show it would be used to build a new track connecting the EJ&E track to Canadian National’s track, district officials said. Without the connector track, trains would have to back up and switch tracks.

Canadian National officials were not immediately available for comment.

In the fall, Canadian National announced plans to buy the 118-year-old EJ&E line for $300 million, pending approval from the Surface Transportation Board. The Montreal-based company wants to buy the 198-mile EJ&E, which passes through Naperville, so it can re-route traffic around congested tracks in Chicago.

“Quite frankly, we’re very concerned,” Manning said.

Not only is the district worried about the environmental effects and the potential impact on ground nesting species, but also the frequency and safety issues resulting from blocked crossings as a result of increased train traffic, he said. Concerns about the proposed purchase – which is subject to U.S. Surface Transportation Board approval – have also been expressed by residents living in the communities along the tracks.

“We can assure the public that if anything happens over there, it will not be because of the cooperation of the forest preserve district,” Pierotti said.

Pierotti and Manning said the district receives frequent requests from various agencies about alternate uses for forest preserve property.

“We took a position years ago that we’re not a land bank for anybody,” Pierotti said, adding the land purchases made by the district were made possible by taxpayers approving referendums. “It would be a breach of our duties if we took property that we bought under the concept of maintaining open space and suddenly turned it over to a third party for another use. I know you’ll never see it while I’m here. And certainly while Brent’s here you’ll never see the forest preserve even contemplate selling any of the property we currently own to a third party for them to do some sort of development on it.”

The forest district commission will discuss the matter during its meeting at 9 a.m. Tuesday at the district headquarters, 3 S 580 Naperville Road in Wheaton.

[warriorpride]

hopefully this thwarts the CN purchase - anyone know if they have any alternatives to work around this roadblock?

[gatormom]

I don't know if they have any alternative around but it definitely puts a road block in their plans. I wonder if there are any more gliches like this.

The article was very strong. Doesn't sound like there is any way for that land to be purchased. ;D

[JWH]

And the followup article today in the Sun is even stronger. CN's response is that they will "try and work with the Dupage FP District". Ha, good luck.

[wvhsparent]

jwh said:

And the followup article today in the Sun is even stronger. CN's response is that they will "try and work with the Dupage FP District". Ha, good luck.

I guess it all depends on how much CN is planning on donating to certain people's campaigns.

Diehl Rd e/o Raymond towards Cantera was built on FP land. So they have a precedent to use if it goes that far.
Let's hope it gets dropped.

[gatormom]

admin said:

jwh said:

And the followup article today in the Sun is even stronger. CN's response is that they will "try and work with the Dupage FP District". Ha, good luck.

I guess it all depends on how much CN is planning on donating to certain people's campaigns.

Diehl Rd e/o Raymond towards Cantera was built on FP land. So they have a precedent to use if it goes that far.
Let's hope it gets dropped.

If they would use that money on over and underpasses and sound barriers, a lot more people would hop on board with this. Just running trains through the area without consideration to the impact on quality of life issues is absurd.

Alderman Leroy Keith from Aurora has spent years trying to get the area around us designated as a quiet zone and the addition of all those trains is not good.

[warriorpride]

From what I read, Canadian Rail wants that land to connect the EJE line to, I think, the line in Geneva/ST Charles - BUT, it wasn't clear that if they couldn't get the land, that this would stop them from trying to acquire the EJE

[warriorpride]

www.dailyherald.com/story/?id=144716&src=2

DuPage Co. forest preserve holding up controversial railroad plan
CN can't buy land for railroad spur
By Jake Griffin | Daily Herald Staff
Published: 2/29/2008 1:04 PM | Updated: 3/1/2008 7:40 AM

DuPage County Forest Preserve leaders say they will deny a request from Canadian National Railway to buy a sliver of the Pratt's Wayne Woods Forest Preserve.

While a setback, railroad officials said Friday it won't kill their planned $300 million purchase of the EJ&E rail line, which includes a stretch from Joliet to Waukegan.

"We think not," said Jim Kvedaras, Canadian National spokesman. "We're continuing discussions, and if it becomes clearer nothing can be worked out with the forest preserve, we'll explore other alternatives."

The company's anticipated takeover of the EJ&E has spurred intense objections among suburban officials who fear massive increases in traffic as trains are routed around already-congested freight lines in Chicago.

A formal rejection is expected at Tuesday's forest preserve board meeting.

The railroad company wanted the roughly one-acre parcel to build a new spur line to move freight trains through the area more quickly and more frequently along its existing east-west line and the north-south EJ&E tracks.

Alternatives such as building a shadow line along Union Pacific tracks to the west that meet up the Canadian National tracks northwest of Wayne is one possibility.

Forest preserve board Chairman Dewey Pierotti said the district "can't sell property to a third party like that. And the railroad doesn't have the authority to take the land, either."

Opponents of Canadian National's plans agree the forest preserve rejection won't halt the project -- but it could have a favorable effect on suburban congestion.

"I don't think this is going to slow down their purchase, but it may reduce the number of trains they run through there, which is a good thing, in our opinion," said James Healy, a county board member whose district includes the portion of the EJ&E line that runs through Naperville, Aurora and Warrenville.

Kvedaras said if and when Canadian National purchases the EJ&E line, the DuPage County segment could expect an increase from five to roughly 20 trains a day.

Healy said it will also kill plans to create the suburb-to-suburb commuter line that would connect the spokes of Metra lines in and out of Chicago.

Pierotti said the spur would not only have made it easier for Canadian National to add more freight train traffic, but other railways could have used the bypass as well, adding more noise and pollution.

The EJ&E line abuts four DuPage forest preserves, and Pierotti noted that he has concerns about the impact the additional Canadian National freight traffic will have on wildlife along the rail line. He also voiced concerns about the impact on humans living near the line.

"If this goes through, it's not because the forest preserve helped," he said.

[gatormom]

www.dailyherald.com/story/?id=144716&src=2
b]"I don't think this is going to slow down their purchase, but it may reduce the number of trains they run through there, which is a good thing, in our opinion,"

[/b] said James Healy, a county board member whose district includes the portion of the EJ&E line that runs through Naperville, Aurora and Warrenville.
[/quote]

From my point of view, ANY increase in the number of trains is bad. I live over near them, not close enough for the sound to be a problem but close enough that I have to cross them almost every time I leave my house.

[gatordog]

warriorpride said:

Alternatives such as building a shadow line along Union Pacific tracks to the west that meet up the Canadian National tracks northwest of Wayne is one possibility.

.

It seems like a railroad always has the option of laying more track as workaround.

I sure am happy about the slowing down and the firm stance of the Park District. Lets assume, though, that this is a bump in the road and not a showstopper roadblock. Let me throw this out : maybe this one acre parcel is a good bargaining chip we the public hold in our hands that might force more CN cooperation and funding for some new overpasses along this route?

[magneto]

I thought that was why they needed the Forest Preserve land, was to lay more track to connect the 2 rail lines. Like with the EJ&E has now with the BNRR between Liberty and North Aurora Rd.

[warriorpride]

magneto said:

I thought that was why they needed the Forest Preserve land, was to lay more track to connect the 2 rail lines. Like with the EJ&E has now with the BNRR between Liberty and North Aurora Rd.

From what I understand, there is a connection there, but it curves the opposite way (west, I think). They want a connection going the other way, so that trains can switchover without having to then back up, to go in the desired direction.

[gatormom]

Forest district votes to reject EJ&E offer

Naperville Sun
March 5, 2008
By KATHY CICHON

WHEATON -- Forest Preserve District of DuPage County officials affirmed their position on the sale of land to Canadian National Railway on Tuesday, authorizing the president to send a letter declining any further discussions for a 1-acre site in Pratt's Wayne Woods Forest Preserve.

"I think I speak for all the commissioners here, that we've been pretty persistent that ... the forest preserve is not a land bank for anyone. It's not a land bank for the school district, municipalities and certainly not the railroad," President D. "Dewey" Pierotti Jr. said. "In this case, No. 1, we can't sell if we wanted to, and No. 2, they can't condemn us."

Both actions, forest officials said, are prohibited by law.

About two months ago Canadian National expressed interest in acquiring an acre of district-owned land near Powis Road and the intersection of the Canadian National and Elgin, Joliet and Eastern Railroad tracks inside the Wayne preserve. Plans show it would be used to build a new track connecting the EJ&E track to Canadian National's track.

John "Ole" Oldenburg, director of natural resources for the district, said the land use proposed by the railroad would impact natural wetlands and wildlife in the preserve, as well as affect users. If the connector track is built, it would cut off access to an underpass for existing EJ&E tracks used to connect the west side of the Wayne preserve to the east side. The east side is used for a model airplane field and off-leash dog area - both of which are fee-generating facilities for the district, Oldenburg said.

Having not seen the letter yet, Canadian National declined comment on the district's decision. However the railway is still interested in talking with the forest district, if possible, said Jim Kvedaras, the railway's senior manager of U.S. government and public affairs.

The district's refusal to give up the land will not affect Canadian National's proposal to merge the two rail lines, he said.

[sleeplessinnpvl]

Here's the latest news article from the Sun

Durbin unimpressed by EJ&E meeting

March 6, 2008
By ROWENA VERGARA The Beacon News
U.S. Sen. Dick Durbin said Wednesday he expected more input from Canadian National, the company vying to purchase the Elgin Joliet & Eastern Railway, which runs through Aurora, Naperville, Elgin and other communities.

After a meeting with Canadian National President E. Hunter Harrison, Durbin said Wednesday that Harrison did not have a plan on how to address traffic and noise concerns in communities like Aurora and could not say if passenger service would be possible on the same railroad.

"He was very courteous in our meeting, but offered us nothing," Durbin said of Harrison. "I don't think, frankly, there was a positive climate in terms of where we go from here."

Durbin did mention that Canadian National may consider a 10 percent increase to the proposed $400 million deal to "solve local problems."

Harrison also said a negotiation between Amtrak and Canadian National also is a possibility.

If the sale goes through, four times as many freight trains per day, or an average of 32 trains, could roll along the EJ&E tracks.

Officials of Aurora and other towns along the line have ticked off a laundry list of concerns regarding the EJ&E sale, including the impact on traffic, air quality, emergency response time, noise, business climate and overall safety.

U.S. Rep. Melissa Bean, who also met with Harrison, probed the railroad CEO about freight traffic projections. Harrison agreed to provide those figures at a later time.

Discussions over Metra's proposed STAR line also went unresolved, according to Durbin. The commuter rail has proposed a suburb-to-suburb transit line, which would use the EJ&E tracks linking the western suburbs with O'Hare International Airport.

"Many Illinois communities and commuters stand to lose if this deal goes through as proposed," Durbin said.

Sun-Times News Group

[sushi]

I appreciate Dick Durbin and Melissa Beans' efforts, but we all know what happens when big business gets involved. We're screwed.