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Tuesday, February 14, 2012

NORFOLK SOUTHERN RAILWAY COMPANY VS. INTERMODAL PROPERTIES, LLC A-3353-09T2

NORFOLK SOUTHERN RAILWAY COMPANY VS. INTERMODAL           PROPERTIES, LLC 

A-3353-09T2

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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