[Congressional Record Volume 143, Number 27 (Wednesday, March 5, 1997)]
[Extensions of Remarks]
[Page E379]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      INTRODUCTION OF LEGISLATION

                                 ______
                                 

                         HON. WILLIAM M. THOMAS

                             of california

                    in the house of representatives

                        Wednesday, March 5, 1997

  Mr. THOMAS. Mr. Speaker, today, I am reintroducing legislation that 
will permit the city of Tulare, CA's Tulare Redevelopment Agency to end 
a blight in the city's downtown area. This bill will give the agency 
control over Federal revisionary interest in railroad rights of way 
bisecting the very heart of the city.
  Tulare is a city of 39,772 centrally located in California, 
approximately 45 miles south of Fresno, and 63 miles north of 
Bakerfield. The city and surrounding county face the daunting prospect 
of trying to provide jobs in an area that has an unemployment rate of 
over 16 percent. If allowed to redevelop land adjacent to the rail 
line, Tulare's Redevelopment Agency believes that it could generate 
over 370 jobs in 6 years because of the agency's plan to create a 
retail shopping area. Adding new businesses would end local citizens' 
need to travel to other cities for important family needs.
  Unfortunately, the city cannot gain control over the core of its 
downtown area without this legislation. In the last century, Congress 
extended rights of way to railroads in order to encourage the creation 
of a trail transport system. The Southern Pacific Railroad received 
rights for tracks and land adjacent to those tracks within what is now 
Tulare. Because the Federal Government has a reversionary interest in 
the right of way and surrounding properties, the redevelopment agency 
cannot obtain control of all the 12 parcels of land along the rail line 
that the city wishes to redevelop. The city cannot condemn the Federal 
interest and as a result, cannot make use of anything the community 
might secure from the railroad.
  The railroad and its successor, Union Pacific, run over 30 trains per 
day through the center of the city and as a result the trackage will 
probably never be abandoned under the law. The railroads will continue 
to argue that they also control the parcels of land along side the 
tracks because abandonment has not occurred. These adjoining parcels 
that the agency needs, however, are about as barren as barren can get.
  Because the Federal Government has this reversionary interest, we 
have about 200 feet of weeds and sand on each side of the railroad 
tracks today. Commercial development of small shops east of the rail 
line and a cotton seed mill and family homes on the other side look out 
on blighted property. There is a vacant gas station, a root beer stand, 
and a railroad storage building in the area sought by the city but that 
is about all. The root beer stand operates on a short-term lease. The 
Tulare Redevelopment Agency's plan would preserve the railroad tracks 
while allowing this empty space in the center of town to be turned into 
more productive use.
  The bill I am introducing clears the path for redevelopment. First, 
it gives the city clear title to one piece of property which Tulare 
already purchased from Southern Pacific before learning that railroad 
law clouded the title. Second, it gives the city the Federal 
reversionary interest in 11 other parcels so that the city can then 
deal with the railroad owner and secure the remaining properties.
  It is essential that we pass this bill without modification because 
the redevelopment plan cannot be made to work piecemeal. Following the 
practices of the past and confirming title in someone who has already 
bought a clouded title only solves part of the city's problem. To 
ensure coherent development of properties along the rail corridor, the 
redevelopment agency has to control all 11 parcels of land so planning, 
marketing, and community financing of the development are possible. 
Giving the city title to one piece of property will deny the city 
resources to continue developing. Forcing the city to come back to 
Congress each time an interest is transferred is a waste of the city's 
time and ours.
  I urge my colleagues to join me in moving this legislation as fast as 
possible. Tulare wants to take control over its own economic destiny by 
putting lousy land to better use. Unless this bill is enacted, Congress 
will be in the way of a city that badly needs our help.

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