Wedemeyer v. CSX Transportation

A year after CSX successfully petitioned the ICC to end CSX's obligation to provide common-carrier rail service on a portion of track in Putnam County, Indiana, CSX notified ICC that it had abandoned that segment. CSX then leased a portion of its track, including the abandoned segment, for use by a grain-shipping company. Plaintiffs, owners of property adjoining the abandoned track segment, filed suit seeking removal of the tracks and possession of the real property underlying the rail line. The district court granted CSX's motion for summary judgment. The court affirmed the district court's finding that plaintiffs' claims were preempted under the Interstate Commerce Commission Termination Act (ICCTA), 49 U.S.C. 10501(b). In this case, plaintiffs seek to eject CSX from land with active, ongoing rail operations, and thus preemption applied to their claims. View "Wedemeyer v. CSX Transportation" on Justia Law