Kathryn Pett

Kathryn Pett is one of the preeminent lawyers in the country representing public agencies in formulating and implementing passenger rail programs. She has extensive experience with a wide range of issues relating to developing passenger rail systems in existing freight rail corridors, from right of way acquisition to project funding, urban redevelopment to railroad and intergovernmental negotiations.

She is nationally known for her work negotiating the largest single transaction with Class 1 freight railroads to acquire right of way for passenger rail systems along existing corridors in Utah.

She regularly serves as an advisor on complex public infrastructure projects and transportation programs. Her creative and tenacious approach to developing solutions is informed both by her experience as an in-house counsel and her legislative work at all levels of government on behalf of transportation agencies.

Representative Work

Transportation Research Board – National Cooperative Freight Rail Program Project 24. Serving as a key member of team researching socially optimal strategies for preserving and evolving the national network of surface freight transportation corridors and access points. The study "Preserving and Projecting Freight Infrastructure and Routes," will describe practical tools to predict potential conflicts between transportation corridors and alternative land uses and to guide comprehensive, intelligent solutions and policies to minimize and resolve such conflicts.

Utah Transit Authority. Served the Authority for more than a decade as counsel, including eight years as general counsel. Served as chief negotiator and strategist in the acquisition of 175 miles of railroad rights-of-way for future transportation purposes and directed project implementation.

• Corridor Preservation Project. Served as chief negotiator and strategist in the acquisition of 175 miles of railroad rights of way for future transportation purposes. Negotiations with Union Pacific Railroad were concluded in approximately four and a half years, closing in September 2002. The $185 million purchase included numerous railroad corridors under a variety of operating scenarios, including time-separated operations conducted pursuant to freight easements, trackage rights agreements, access agreements and agreements with short-line operators. This historic purchase remains one of the most comprehensive acquisitions of railroad properties ever undertaken by a transit agency in the United States. The corridors now serve as the cornerstone for a comprehensive rail transit system serving 80% of the population of the State of Utah.
• TRAX Light Rail System. Supervised all legal aspects of the construction of a 19-mile $650 million light rail system. Negotiated agreements with short-line operators and municipalities for public right of way, passenger station, maintenance, liability, utility and traffic operations issues. Negotiated agreements for shared parking facilities and transit oriented development to support passenger intermodal facility construction with federal grant monies. Assured compliance with Federal Railroad Administration (FRA) and Federal Transit Administration (FTA) regulations through safety plans and waiver negotiations. Secured enabling legislation to allow innovative contracting methods.
• FrontRunner Commuter Rail Project. Served as lead project attorney in the development of a 90-mile rail project, with a 3,000 foot flyover bridge, centered around Salt Lake City. Negotiated railroad corridor purchase and sale agreements, trackage rights and access agreements with Class I freight railroads. Negotiated bridge easement and construction documents. Negotiated with federal agencies, including the Environmental Protection Agency, and FTA to eliminate liability for historic contamination and achieve compliance on American with Disabilities Act and quiet zone issues. The first phase of the project opened for passenger service in 2008.

• Union Pacific Line Relocation. Represented a developer and the Authority to negotiate the relocation of a railroad line from the middle to the perimeter of the developer's redevelopment site. The relocation will benefit the Authority and the Utah Department of Transportation by providing an alignment for a future passenger rail line and permitting reconstruction of roadway and bridges in a lower cost area.

City and County of Honolulu, Hawaii – Honolulu High Capacity Transit Corridor Project. Advising on compliance with federal program requirements, right of way acquisition, and matters relating to planning, financing, design, construction, and operation of a new 20-mile elevated rail line.

Austin-San Antonio Inter-Municipal Commuter Rail District – Freight Corridor Purchase. Serving as chief negotiator and strategist on behalf of the District to purchase an existing 110-mile main line freight corridor owned and operated by Union Pacific Railroad. Negotiating the relocation of existing through-freight traffic to a new corridor. The District is pursuing rail relocation and project funding at both the state and federal level.

Oregon Department of Transportation, Rail Division. Providing counseling on a wide array of matters related to expansion of passenger rail service options, including high speed rail, throughout the state.

Orange County Transportation Authority – Metrolink Service Expansion Program. Serving as a sub-consultant to PB Americas, providing general counseling and strategic advice on a wide range of right of way, operations and maintenance, regulatory, and construction issues.

Virginia Department of Rail and Public Transportation – Rail Initiatives. Served as a sub-consultant to Hatch Mott and McDonald, as a strategic advisor to the DRPT in negotiations with CSX, Norfolk Southern and Amtrak to improve and expand passenger rail operations. Also advised DRPT on performance incentive payment provisions to improve on-time performance of passenger service.

State of Arizona. Served as Special Counsel to Governor Napolitano and the State of Arizona on rail transportation matters. Provided strategic advice regarding the expansion of the state's transportation options to include passenger rail transportation and advised on related legislative and policy matters.

San Diego Metropolitan Transit System. Providing legal services regarding railroad operating law.

Santa Clara Valley Transportation Authority. Provided training to the Authority's Board of Directors on the fiduciary duties of a special district board.

Regional Transportation Commission of Southern Nevada. Served as the chief negotiator, strategist and lead attorney on behalf of RTC, in Las Vegas, to purchase the Henderson Branch Line from Union Pacific Railroad for use as a recreational trail and for future transportation purposes. The transaction structure included innovative funding elements by allowing the release of federal funds through the Southern Nevada Public Lands Management Act.

Community Planning Association of Southwestern Idaho (COMPASS). Served as a strategic advisor to the Boise-area Metropolitan Planning Organization on the expansion of Idaho's transportation options to include passenger rail transportation and advised on related legislative and policy matters.