NJ High Court Backs Railroad's Eminent Domain Power

Law360, New York (August 6, 2013, 4:11 PM EDT) -- A railroad doesn't have to demonstrate some urgent need when it wants to condemn property for its operations, only that its general business demands support the taking, the New Jersey Supreme Court decided Tuesday in a win for Norfolk Southern Railway Co.

Ruling against Secaucus, N.J., property owner Intermodal Properties LLC in its fight against expansion plans for the Croxton Yard freight facility, the court interpreted a state law that limits railroads' condemnation powers to situations “as exigencies of business may demand.” The justices eschewed modern-day...
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