Norfolk Southern Railway Company v. Intermodal Properties, A-117 September Term 2011; Supreme Court; opinion by Hoens, J.; decided August 6, 2013. On certification to the Appellate Division, 424 N.J. Super. 106 (App. Div. 2012). [Sat below: Judges Yannotti, Espinosa and Kennedy in the Appellate Division.] DDS No. 37-1-0906 [45 pp.]
In this appeal, the court considers two statutory provisions relating to the eminent domain power vested in public utilities and railroads: (1) the limitation in N.J.S.A. 48:3-17.7 that a public utility's taking of private property be "not incompatible with the public interest"; and (2) the requirement in N.J.S.A. 48:12-35.1 that a railroad may only take property to the extent that the "exigencies of business may demand."
