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Public Transit

Overview

Parker Poe's public transit practice represents one of the most experienced groups of attorneys in the Southeast addressing public transit issues today. We offer comprehensive advice on state and local laws affecting transit systems from planning and start-up through construction and operations.

With our knowledge of federal transit regulations and practices nationwide, our attorneys provide comprehensive and innovative approaches to addressing the myriad of issues faced by public transit systems on a daily basis.

Representative Experience

We offer state, regional, and local public transit agencies a variety of legal services, including:

Real Estate

  • Providing complete perspectives and approaches to transit-oriented real estate development, utilizing creative financing tools and facilitating public/private partnerships to leverage private investment with public funds.
  • Representing transit agencies in the acquisition of real property and rights-of-way by negotiation and, when necessary, condemnation. We negotiate with railroads, public utilities and municipalities for the shared use of rights-of-way, the relocation of utility facilities and other public infrastructure and the improvement or elimination of grade crossings.
  • Conducting title examinations on railroad corridors throughout North Carolina and advising clients on railroad corridor preservation initiatives.

Procurement and Construction

  • Counseling clients on all aspects of state and federal procurement requirements for equipment and services, including preparing requests for proposals, litigating bid disputes and interpreting licensing standards.
  • Preparing and negotiating a variety of contracts for planning, engineering and construction services, and representing transit agencies in the acquisition of equipment and warranty and insurance claims.

Lobbying & Regulatory Compliance

  • Leading lobbying efforts locally, regionally and statewide on matters involving transit law and policy issues, including initiatives to implement special use taxes for transit purposes and limiting the liability of transit agencies.
  • Advising transit agencies on compliance with state and federal regulatory requirements relating to issues such as funding, public financing, safety and drug-testing standards.
  • Helping our transit clients minimize liability under state and federal environmental statutes and regulations.
  • Providing governing transit boards with guidance on public meetings and public records laws, organizational and management issues, conflicts of interest and sovereign immunity.

Other Services

  • Advising our clients on employment and personnel issues involving hiring's, firings and promotions, restrictive covenants, employment discrimination, sexual harassment, workers compensation, Employment Security Commission disputes, Americans with Disabilities Act issues, employee handbooks and policy and procedure manuals.
  • Counseling clients on tax matters, including public finance tax issues and issues regarding the implementation and use of taxing authority granted to public transit agencies.
  • Represented City of Charlotte in the development and expansion of the Charlotte Area Transit System (CATS), including its light-rail transit line. Our services to CATS have included: acquisition of real property and railroad right of way for original Blue Line and the Blue Line Extension; negotiation of shared use agreements for railroad right of way; Transit Oriented Development (TOD) agreements with private developers; successful defense of two major procurement awards for construction services totaling more than $100 million; COPS and public bond financing; encroachment agreements; grade crossing issues and improvements; railroad operations and safety agreements; development of park and ride facilities; and trademark licensing.
  • Represented Triangle Transit in a variety of matters related to bus transit and the development of a regional rail transit system in Raleigh-Durham, North Carolina, including: shared use agreements with North Carolina Railroad, Norfolk Southern, and CSX Transportation for use of railroad right of way for transit use; acquisition of railroad corridor from CSX in Raleigh; performed extensive title work on over 25 miles of railroad right of way; condemnation of more than 100 acres of industrial land in downtown Raleigh; negotiation of joint-development agreement for station area development with private developer; and state lobbying and governmental relations.
  • Represented North Carolina Department of Transportation in acquisition of assemblage of land in Charlotte, North Carolina for development of an intermodal public transit center and acquisition of several railroad corridors throughout North Carolina for conversion to passenger rail and/or public transit corridors.

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Professionals

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