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45 U.S.C. § 1106 — Exemption from transfer taxes and fees; recordation
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) All transfers or conveyances of any interest in rail property (whether real, personal, or mixed) which are made under any provision of or amendment made by this subtitle shall be exempt from any taxes, imposts, or levies now or hereby imposed, by the United States or by any State or any political subdivision of a State, on or in connection with such transfers or conveyances or on the recording of deeds, bills of sale, liens, encumbrances, easements, or other instruments evidencing, effectuating, or incident to any such transfers or conveyances, whether imposed on the transferor or on the transferee. Such transferors and transferees shall be entitled to record any such deeds, bills of sale, liens, encumberances,11 So in original. Probably should be “encumbrances,”. easements, or other instruments, and to record the release or removal of any preexisting liens or encumbrances of record with respect to properties so transferred or conveyed, upon payment of any appropriate and generally applicable charges to compensate for the cost of the service performed.
(2) This section shall not apply to Federal income tax laws.
**(b)** Transfer of designated real property (including any interest in real property) authorized by the amendments made by part 2 of this subtitle shall have the same effect for purposes of rights and priorities with respect to such property as recordation on the transfer date of appropriate deeds, or other appropriate instruments, in offices appointed under State law for such recordation, except that acquiring rail carriers and other entities shall proffer such deeds or other instruments for recordation within 36 months after the transfer date as a condition of preserving such rights and priorities beyond the expiration of that period. Conrail s
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Source file: Laws/federal/codes/united-states-code/title-45/section-1106-exemption-from-transfer-taxes-and-fees-recordation--4bb907656f.md
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Source location: Title 45, Chapter 20, § 1106; chapter-020-northeast-rail-service.md
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**(a)**
(1) All transfers or conveyances of any interest in rail property (whether real, personal, or mixed) which are made under any provision of or amendment made by this subtitle shall be exempt from any taxes, imposts, or levies now or hereby imposed, by the United States or by any State or any political subdivision of a State, on or in connection with such transfers or conveyances or on the recording of deeds, bills of sale, liens, encumbrances, easements, or other instruments evidencing, effectuating, or incident to any such transfers or conveyances, whether imposed on the transferor or on the transferee. Such transferors and transferees shall be entitled to record any such deeds, bills of sale, liens, encumberances,11 So in original. Probably should be “encumbrances,”. easements, or other instruments, and to record the release or removal of any preexisting liens or encumbrances of record with respect to properties so transferred or conveyed, upon payment of any appropriate and generally applicable charges to compensate for the cost of the service performed.
(2) This section shall not apply to Federal income tax laws.
**(b)** Transfer of designated real property (including any interest in real property) authorized by the amendments made by part 2 of this subtitle shall have the same effect for purposes of rights and priorities with respect to such property as recordation on the transfer date of appropriate deeds, or other appropriate instruments, in offices appointed under State law for such recordation, except that acquiring rail carriers and other entities shall proffer such deeds or other instruments for recordation within 36 months after the transfer date as a condition of preserving such rights and priorities beyond the expiration of that period. Conrail shall cooperate in effecting the timely preparation, execution, and proffering for recordation of such deeds and other instruments.
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds and declares that—
(1) the processes set in motion by the Regional Rail Reorganization Act of 1973 [[45 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section701&num=0&edition=prelim) et seq.] have failed to create a self-sustaining railroad system in the Northeast region of the United States and have cost United States taxpayers many billions of dollars over original estimates;
(2) current arrangements for the provision of rail freight and commuter service in the Northeast and Midwest regions of the United States are inadequate to meet the transportation needs of the public and the needs of national security;
(3) although the Federal Government has provided billions of dollars in assistance for Conrail and its employees, the Federal interest in ensuring the flow of interstate commerce through rail service in the private sector has not been achieved, and the protection of interstate commerce requires Federal intervention to preserve essential rail service in the private sector;
(4) the provisions for protection of employees of bankrupt railroads contained in the Regional Rail Reorganization Act of 1973 [[45 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section701&num=0&edition=prelim) et seq.] have resulted in the payment of benefits far in excess of levels anticipated at the time of enactment, have imposed an excessive fiscal burden on the Federal taxpayer, and are now an obstacle to the establishment of improved rail service and continued rail employment in the Northeast region of the United States; and
(5) since holding Conrail liable for employee protection payments would destroy its prospects of becoming a profitable carrier and further injure its employees, an alternative
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other provision of law or contract, Conrail shall be relieved of any legal obligation to operate commuter service on January 1, 1983.
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Federal law — U.S. Code and appendices · legal_authorities
Page 244
TITLE 45—RAILROADS
§ 1106
1 So in original. Probably should be ‘‘encumbrances,’’.
Privatization Act, as the case may be,’’ after ‘‘subtitle’’
in second sentence.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–317 effective 90 days after
Oct. 19, 1996, and except as otherwise provided, applica-
ble to proceedings that arise or continue after such ef-
fective date, see section 605(e) of Pub. L. 104–317, set out
as a note under section 719 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–352 effective ninety days
after June 27, 1988, except that such amendment not to
apply to cases pending in Supreme Court on such effec-
tive date or affect right to review or manner of review-
ing judgment or decree of court which was entered be-
fore such effective date, see section 7 of Pub. L. 100–352,
set out as a note under section 1254 of Title 28, Judici-
ary and Judicial Procedure.
CASES PENDING IN SPECIAL COURT
For applicability of amendment by Pub. L. 104–317 to
cases pending in special court established under section
719(b) of this title, see section 605(d) of Pub. L. 104–317,
set out as a note under section 719 of this title.
ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND
TRANSFER OF FUNCTIONS AND SECURITIES
See section 1341 of this title.
§ 1106. Exemption from transfer taxes and fees;
recordation
(a)(1) All transfers or conveyances of any in-
terest in rail property (whether real, personal,
or mixed) which are made under any provision of
or amendment made by this subtitle shall be ex-
empt from any taxes, imposts, or levies now or
hereby imposed, by the United States or by any
State or any political subdivision of a State, on
or in connection with such transfers
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