---
kind: "section"
citation: "49 U.S.C. § 28503"
title: "49"
title_heading: "Transportation"
number: "28503"
heading: "Surface Transportation Board mediation of rights-of-way use requests"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/28503"
units:
  - "Subtitle V — Rail Programs"
  - "Part E — Miscellaneous"
  - "Chapter 285 — Commuter Rail Mediation"
---

# §28503. Surface Transportation Board mediation of rights-of-way use requests


If, after a reasonable period of negotiation, a [public transportation authority](/usc/49/28501.md?p=4) cannot reach agreement with a [rail carrier](/usc/49/24102.md?p=9) to acquire an interest in a [railroad](/usc/49/22401.md?p=12) right-of-way for the construction and operation of a [segregated fixed guideway facility](/usc/49/28501.md?p=6) to provide [commuter rail passenger transportation](/usc/49/24102.md?p=3), the [public transportation authority](/usc/49/28501.md?p=4) or the [rail carrier](/usc/49/24102.md?p=9) may apply to the [Board](/usc/49/28501.md?p=1) for nonbinding mediation. The [Board](/usc/49/28501.md?p=1) shall conduct the nonbinding mediation in accordance with the mediation process of section 1109.4 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this section.


## Source credit

(Added Pub. L. 110–432, div. B, title IV, § 401(a), Oct. 16, 2008, 122 Stat. 4956.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 110–432, which was approved Oct. 16, 2008.