Ownership Not At Stake In Pa. Rail Crossing Cost Allocation

Law360, Philadelphia (October 3, 2013, 4:01 PM EDT) -- The Pennsylvania Supreme Court ruled Wednesday that the state's Public Utility Commission could force a railroad to assume part of the cost of removing a bridge over a set of tracks despite the company’s lack of ownership of any property or facilities at the site.

The court unanimously overturned a Commonwealth Court ruling that Norfolk Southern Railroad Co. was not responsible for any of the removal costs, finding that the railroad had a key stake in the rail crossing.

“We hold that a transportation utility need...
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