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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 49 U.S.C. § 11321 Scope of authority us united_states_code code_section 49 TRANSPORTATION 113 FINANCE 11321 49 U.S.C. § 11321 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip /us/usc/t49/s11321 data/legal/raw/us/code/title-49/usc49.xml e5556ef668de605f0d254182af33271a30c39c4f1b21d6113f370901143f6432 0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb 9082b6bcddd4739b87473e67cfc61c12cf15c52f88313c2fe499f25664e71e52 2026-07-04 official
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49 U.S.C. § 11321 - Scope of authority

Text

(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. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 838.)

Notes

Editorial Notes

Prior ProvisionsProvisions 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. 10488, § 102(a). A prior section 11321, Pub. L. 95473, 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. 10488, § 102(a).

Statutory Notes and Related Subsidiaries

Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.