49-U.S.C.-11321
§11321 – Scope of Authority
Pathway
Title 49 > Subtitle IV > Part A > Chapter 113 > Subchapter II > Section 11321
Details
- Reference: Section 11321
- Legend: §11321 – Scope of Authority
- USCode Year: 2013
Provision Content
(a) The authority of the Board under this subchapter is exclusive. A rail carrier or corporation participating in or resulting from a transaction approved by or exempted by the Board under this subchapter may carry out the transaction, own and operate property, and exercise control or franchises acquired through the transaction without the approval of a State authority. A rail carrier, corporation, or person participating in that approved or exempted transaction is exempt from the antitrust laws and from all other law, including State and municipal law, as necessary to let that rail carrier, corporation, or person carry out the transaction, hold, maintain, and operate property, and exercise control or franchises acquired through the transaction. However, if a purchase and sale, a lease, or a corporate consolidation or merger is involved in the transaction, the carrier or corporation may carry out the transaction only with the assent of a majority, or the number required under applicable State law, of the votes of the holders of the capital stock of that corporation entitled to vote. The vote must occur at a regular meeting, or special meeting called for that purpose, of those stockholders and the notice of the meeting must indicate its purpose.
(b) A power granted under this subchapter to a carrier or corporation is in addition to and changes its powers under its corporate charter and under State law. Action under this subchapter does not establish or provide for establishing a corporation under the laws of the United States.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 838.)
Prior Provisions
Provisions similar to those in this section were contained in section 11341 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11321, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1432, related to limitations on ownership of certain water carriers, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
U.S. Encyclopedia of Law Coverage
49-U.S.C.-11124 in the Legal Encyclopedia: Transportation
In this entry about 49-U.S.C.-11124, find legal reference material, bibliographies and premiere content related to transportation in the American Encyclopedia of Law, presenting a comprehensive view of the United States transportation-specific issues, written by authorities in the field.
Subchapter I – Equipment Trusts and Security Interests in the Legal Encyclopedia: Interstate Transportation
In this entry about Subchapter I – Equipment Trusts and Security Interests, find legal reference material, bibliographies and premiere content related to interstate transportation in the American Encyclopedia of Law, presenting a comprehensive view of the United States interstate transportation-specific issues, written by authorities in the field.
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