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| Re: Cuomo Reluctant To Dig Deep For New Hudson Rail Tunnel (1363059) | |||
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Re: Cuomo Reluctant To Dig Deep For New Hudson Rail Tunnel |
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Posted by SelkirkTMO on Mon Aug 17 23:57:25 2015, in response to Re: Cuomo Reluctant To Dig Deep For New Hudson Rail Tunnel, posted by Jackson Park B Train on Mon Aug 17 23:49:20 2015. Back in 1912 however, the outcome would not have been so clear. The "essential facilities" would have included any means of access, but could have been extended in all likelihood to the terminal itself and at worst, they would have to be assessed the same internal accounting that the railroad would apply to its own equipment.Since that decision, the doctrine has been applied to many other means of access and the legal advice is often just "don't put yourself in that position, just don't build it at all and hope somebody ELSE is dumb enough to pay for it." :( |
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