Thanks Greg, but the research was done in 2003

Back in 2003, we had a serious disagreement with a New Mexico Assistant Attorney General over just what authority was granted to the Commission by the Interstate Compact. As I recall, the Assistant AG was asserting that the State of New Mexico had substantial authority over the RR, which was counter to the purpose of an Interstate Compact between the two states.

Article IV of the Compact reads: The states of New Mexico and Colorado agree to the consideration of the enactment of such laws or constitutional amendments exempting the said railroad or its operations from various laws of both states as both states shall hereafter mutually find necessary and proper.

Article IV is critical to the C&TS as it and follow-along agreements provide wide-ranging and independent authority to the Commission to govern, hire management, enter into contracts, purchase and sell assets, or undertake other activities necessary to sustain operations faithful to the purpose of the railroad. This authority provided to the Commission by the interstate compact is foundational. It should be exercised constantly lest it atrophies or is infringed upon. Imagine a railroad owned by two states with terminals in each, that crosses the state line 11 times, is subject to two sets of statutes and two sets of administrative rules, and managed by two sets of administrations. The beauty of the interstate compact is that it avoids such a mess.



Edited 1 time(s). Last edit at 12/02/2020 10:55PM by Brian Shoup.