NJ High Court To Weigh Railroad's Eminent Domain Power

Law360, New York (May 29, 2012, 2:18 PM EDT) -- The New Jersey Supreme Court said Friday that it would hear a case to determine whether railroads and public utilities are entitled to condemn property for planned expansions, not just in emergencies.

The court granted certiorari in Norfolk Southern Railway Co. v. Intermodal Properties to determine the question of whether Norfolk had shown enough evidence that it needed to acquire Intermodal’s land to continue its operations. It is the first test of the state law that authorizes condemnation since it was amended in 2008.

The decision...
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