Amtrak Invokes Eminent Domain for Rail Tunnel in Baltimore

August 18, 2023 by Tom Ramstack
Amtrak Invokes Eminent Domain for Rail Tunnel in Baltimore
(Photo courtesy of Amtrak)

BALTIMORE — Amtrak is trying to invoke eminent domain rights to build a multibillion-dollar replacement for the 150-year-old rail tunnel that runs under West Baltimore.

The National Passenger Railroad Corp. says a new tunnel would be critical to its ability to operate the 100 mph trains it envisions for the Northeast Corridor.

The current tunnel was built shortly after the Civil War but its narrow passage and decaying condition have become a major chokepoint for rail traffic. Trains can only creep through the 1.4-mile brick and masonry tunnel at 30 mph.

Amtrak filed a lawsuit last week in the U.S. District Court in Maryland that cites its special authorization from Congress for eminent domain. It seeks to acquire parcels of land on North Payson Street in Baltimore.

Construction would begin next year under Amtrak’s plan. Boring would start in 2026 for two single-track tunnels slightly north of the current tunnel. Completion of the $6 billion project is scheduled for 2033.

The tunnel is a link between Baltimore’s Penn Station and Washington, D.C.’s Union Station. About 9 million rail passengers pass through it each year, according to Amtrak.

Last month, the Federal Transit Administration announced plans for a $6.88 billion railroad tunnel under the Hudson River leading into New York City from New Jersey. It was the biggest grant ever under the agency’s Capital Investment Grants Program and another step in President Joe Biden’s effort to spur economic growth through infrastructure investment.

The massive $1.2 trillion bipartisan infrastructure law Congress approved in 2021 allocates $66 billion for projects to improve Amtrak’s infrastructure.

Amtrak officials said they chose a lawsuit to seize the property they need in Baltimore after negotiations with property owners to buy it failed. About 29 homes and 19 businesses sit on the property.

Amtrak deposited $267,500 with the court, which it described in its lawsuit as the amount representing “just compensation” for the fair market value of the combined land parcels. It names the city of Baltimore and state of Maryland as defendants.

The railroad said it could wait no longer as structural problems create maintenance and safety problems that are expensive to repair. Bricks are falling from tunnel walls and water in the soil is causing the tracks to sag dangerously. 

“Its current combination of horizontal and vertical track alignment … limits train speeds significantly, creating a bottleneck at a critical point in the [Northeast Corridor],” the lawsuit says. “Delays are chronic due to this bottleneck — more than 10% of weekday trains are delayed, and delays occur on 99% of weekdays.”

When contacted for more information about the lawsuit, Amtrak spokesperson Beth Toll told The Well News, “We are unable to comment on pending litigation.”

The new tunnel is in the final design stage, Amtrak officials said. They plan to award the first two construction contracts as early as this year.

About $4.7 billion of the estimated $6 billion project would be paid by federal funds, $450 million from the Maryland Department of Transportation and $750 million by Amtrak.

Biden visited Baltimore’s Penn Station in January for the formal announcement of the tunnel project. He said it would create 20,000 “good-paying construction jobs.”

The new tunnel would be renamed from the current Baltimore & Potomac Tunnel to the Frederick Douglass Tunnel. In addition to the tunnel, it would include new bridges, track, automated rail systems and station accessibility features for disabled persons.

The original tunnel opened in 1873 while Ulysses S. Grant was president.

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