NORFOLK SOUTHERN RAILWAY COMPANY VS. INTERMODAL PROPERTIES, LLC A-3353-09T2
In this case, where the railroad sought approval from the Department of Transportation to acquire private property by the exercise of the State's power of eminent domain, we hold that: 1) N.J.S.A. 48:12-35.1 permits the taking if the railroad establishes that the reasonable needs of its business demand acquisition of the property; 2) federal law does not preempt the provision of N.J.S.A. 48:12-35.1 which requires the railroad to establish that "alternative property suitable for the specific proposed use" is not available "thorough on-site accommodation"; and 3) the property owner has the burden of proof on the issue under N.J.S.A. 48:3-17.7 as to whether the taking would cause it undue injury. 02-09-12
