by Carson Robbs
This paper provides a comprehensive overview of the historical context and legal framework surrounding railroading law and public rail ownership in the United States. It examines rail ownership in the pre-Civil War era, the impact of the Civil War, and subsequent developments in the modern era. The paper analyzes the constitutional authority of Congress over channels and instrumentalities of interstate commerce, exploring the implications for public rail ownership. Potential legislative approaches are discussed, including eminent domain power and spending power, along with obstacles and suggested next steps for implementing public rail ownership. A case study on Brightline West illustrates a possible model for future public railway development. While acknowledging challenges, the paper concludes that with effective public education, coalition building, and strategic planning, public rail ownership remains an option for transforming America's transportation system.
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