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August 31. 2012 2:02AM
State legislator could lose rights to railroad line
Long under scrutiny for his use of a state-owned railroad line, a Peterborough state representative could end up losing access to the 18 1/2-mile line, which runs between Wilton and Bennington.
Peter Leishman, owner of Milford-Bennington Railroad Company, said he’s currently using the track without the blessings of state transportation officials.
They even returned payments he tried to send them last year, said Leishman, a Democrat from Peterborough.
In the meantime, another company — possibly Pan Am Railways — could end up winning a state contract that would give it control of the track, challenging Leishman’s ability to use it.
Leishman uses the line to transport stone from a quarry to a Milford concrete business.
“None of this makes any sense,” Leishman said. For 20 years, he had an exceptional relationship with the state Department of Transportation, he said.
But in 2010, the New Hampshire Union Leader and other newspapers ran an opinion piece, written by Leishman, critical of commuter rail.
“All of a sudden, boom, the (transportation) commissioner is looking to not renew my operating agreement with the state,” Leishman said.
DOT officials did not want to speak for this article. Spokesman William Boynton referred a reporter to the New Hampshire Attorney General’s Office.
A call to the commissioner’s office Thursday was also forwarded to the attorney general.
Assistant Attorney General David Hilts said he has not read the op-ed piece Leishman referred to.
“I don’t know anything about it,” he said. He said the DOT sought bids for operation of the Hillsboro branch rail line in February, and that process is ongoing.
Hilts said Leishman lost the operating agreement for the line when he failed to live up to a provision regarding minimal use of the track. Leishman blames that on a 2009 accident in Milford involving his train and a tractor-trailer.
His company couldn’t use the track while an investigation took place, although Leishman was cleared of any fault, he said.
Hilts would not comment on the legality of Leishman using the line.
Meanwhile, the state appears to be working out details on a contract with another company to use the line.
Hilts said he’s prevented by law from giving any information on the confidential bid process. But he said any deal will eventually have to go before the governor and Executive Council.
“This process is still ongoing,” Hilts said.
Hilts would not identity the other bidder, but Leishman and Granite State Concrete speculate it is Pan Am Railways. A message left at Pam Am headquarters was not returned Thursday.
Leishman submitted a bid, while also claiming the state had no rights to terminate his 10-year contract. He also submitted letters of support from his customer, Granite State Concrete; a potential customer, Monadnock Paper Mills; and a snowmobile club.
His bid was rejected, he said.
Whatever happens, Leishman said the federal Surface Transportation Board has given him rights to use the track to supply Granite State Concrete, and the state would have to petition to strip his rights.
Hilts would not answer questions about Leishman’s federal rights to the line.
The bid is only the latest of several issues involving Leishman and his railroad company.
In 2009, the attorney general investigated and cleared Leishman of criminal allegations that he used his influence as a legislator to undermine Pan Am Railways.
The Legislative Ethics Committee also found no violations, but the committee urged Leishman to be very cautious about declaring conflicts of interest when his rail business mixes with government business.
Leishman said he’s been low-key, especially after winning a special election last September.
He said he hasn’t spoken to Gov. John Lynch about the matter, but he’s copied him letters that his lawyer has sent the DOT.
And Leishman said he’s kept some executive councilors informed about the issue.
Meanwhile, he just wants DOT to take his $6,000 check for use of the track.
“It just doesn’t look good,” he said, “that you’ve got this state legislator running on this state corridor for free.”
Mark Hayward may be reached at mhayward@unionleader.com.
Peter Leishman, owner of Milford-Bennington Railroad Company, said he’s currently using the track without the blessings of state transportation officials.
They even returned payments he tried to send them last year, said Leishman, a Democrat from Peterborough.
In the meantime, another company — possibly Pan Am Railways — could end up winning a state contract that would give it control of the track, challenging Leishman’s ability to use it.
Leishman uses the line to transport stone from a quarry to a Milford concrete business.
“None of this makes any sense,” Leishman said. For 20 years, he had an exceptional relationship with the state Department of Transportation, he said.
But in 2010, the New Hampshire Union Leader and other newspapers ran an opinion piece, written by Leishman, critical of commuter rail.
“All of a sudden, boom, the (transportation) commissioner is looking to not renew my operating agreement with the state,” Leishman said.
DOT officials did not want to speak for this article. Spokesman William Boynton referred a reporter to the New Hampshire Attorney General’s Office.
A call to the commissioner’s office Thursday was also forwarded to the attorney general.
Assistant Attorney General David Hilts said he has not read the op-ed piece Leishman referred to.
“I don’t know anything about it,” he said. He said the DOT sought bids for operation of the Hillsboro branch rail line in February, and that process is ongoing.
Hilts said Leishman lost the operating agreement for the line when he failed to live up to a provision regarding minimal use of the track. Leishman blames that on a 2009 accident in Milford involving his train and a tractor-trailer.
His company couldn’t use the track while an investigation took place, although Leishman was cleared of any fault, he said.
Hilts would not comment on the legality of Leishman using the line.
Meanwhile, the state appears to be working out details on a contract with another company to use the line.
Hilts said he’s prevented by law from giving any information on the confidential bid process. But he said any deal will eventually have to go before the governor and Executive Council.
“This process is still ongoing,” Hilts said.
Hilts would not identity the other bidder, but Leishman and Granite State Concrete speculate it is Pan Am Railways. A message left at Pam Am headquarters was not returned Thursday.
Leishman submitted a bid, while also claiming the state had no rights to terminate his 10-year contract. He also submitted letters of support from his customer, Granite State Concrete; a potential customer, Monadnock Paper Mills; and a snowmobile club.
His bid was rejected, he said.
Whatever happens, Leishman said the federal Surface Transportation Board has given him rights to use the track to supply Granite State Concrete, and the state would have to petition to strip his rights.
Hilts would not answer questions about Leishman’s federal rights to the line.
The bid is only the latest of several issues involving Leishman and his railroad company.
In 2009, the attorney general investigated and cleared Leishman of criminal allegations that he used his influence as a legislator to undermine Pan Am Railways.
The Legislative Ethics Committee also found no violations, but the committee urged Leishman to be very cautious about declaring conflicts of interest when his rail business mixes with government business.
Leishman said he’s been low-key, especially after winning a special election last September.
He said he hasn’t spoken to Gov. John Lynch about the matter, but he’s copied him letters that his lawyer has sent the DOT.
And Leishman said he’s kept some executive councilors informed about the issue.
Meanwhile, he just wants DOT to take his $6,000 check for use of the track.
“It just doesn’t look good,” he said, “that you’ve got this state legislator running on this state corridor for free.”
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Mark Hayward may be reached at mhayward@unionleader.com.
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