neroden
Engineer
It's both legal and constitutional. And in fact *it's actually been done before*. Google USRA.The present model of running LD passenger trains on the rails of totally uninterested freight railroads is fundamentally flawed. More than 30 years of history shows that it will never achieve any sort of reliability, preventing the trains from being an attractive alternative for large segments of the market.
This could be solved in a number of ways:
1) Seize them: A public take over of the infrastructure. I don't see any political will for that anytime in the next millenia, and it would quite possibly be unconstittutional too.
You do have to pay them current fair value for the infrastructure. Basic eminent domain. The lack of political will to do this is simply a sign of how degenerate, corrupt, and generally defective our government is these days. Clement Atlee nationalized the British railroads in the 1940s, and pretty much every other country in the world has taken control of the tracks since then, *because it works better*.
Heck, even Wick Moorman, while chairman of NS, has openly suggested having the government own the tracks, and having the freight haulers as tenants. It relieves the freight haulers of property taxes, for one thing -- probably improves their profits. NS is in this position on the North Carolina line quite comfortably.
But we have goofball privatization ideologues in too many positions of power.
There is no amount high enough. The problem is a bad attitude by the host railroads. They're being paid more than enough right now.2) Buy them off: User fees/incentives high enough that the host RR's actually put priority in the passenger trains. This seems to be feasible in high density corridors like the Capitol Corridor in California, but for the LD's it would further tank their economy, possibly beyond the realistic.
Completely constitutional, obviously. But bad attitude would cause problems, again,3) Whip them: Strengthen the must carry mandate and the penalties for neglecting the passenger trains drastically. Aside from lack of political will you might run into the constitution again here.
They had a bad attitude last time they did this, in the 1960s.4) Make it their responsibility: Outsourcing LD's to the relevant host railroad, whose profits will then be dependent on how efficiently they can run the trains.
I should give another point of history: England used to have lots of private toll roads, owned by individual private operators. It ended up being such a disaster that they were nearly all nationalized *in the Victorian era*. The ground transportation routes -- whether they are roads, railroad tracks, rivers, or canals -- are a natural monopoly, and one with massive positive externalities for people who you can't toll -- for these two reasons, they work best when operated by democratically elected governments.