American High-Speed Rail Act

26107. Acquiring freight rail right-of-way

(a) Sale of property. A rail carrier may sell, grant an easement on, or lease real property to a recipient of financial assistance under section 26101 or section 26106.

(b) Grants for acquisition of additional real property along right-of-Way. In the case of a rail carrier that sells, grants an easement, or leases property under subsection (a) and that acquires additional real property along the portion of the right-of-way subject to such sale, grant, or lease, the Secretary of Transportation shall make one or more grants to such rail carrier which, in the aggregate, shall not exceed the aggregate amounts received by such rail carrier pursuant to such sale, grant, or lease.

(c) Tax treatment

(1) Exclusion of gain, etc. Any gain on the sale of any interest in real property described in subsection (a) (including the granting of an easement on such real property), or any payment made under any lease of such real property, shall not be includible in the gross income of such rail carrier for purposes of the Internal Revenue Code of 1986.

(2) Exclusion of grant amounts. The amount of grant provided under subsection (b) shall not be includible in the gross income of the recipient of such grant for purposes of the Internal Revenue Code of 1986.

(3) Exclusion of certain capital improvements. Any capital investment or improvement (including turnouts, passing track, signaling, crossings, and barriers) made pursuant to section 26101 or section 26106 by a recipient of financial assistance under such section on any real property owned by the rail carrier referred to in subsection (a) shall not be includible in the gross income of such rail carrier for purposes of the Internal Revenue Code of 1986.

(d) Applicability of law. Section 28103 shall apply to property described in subsection (a).

26107. Acquiring freight rail right-of-way.