Search Rutgers Law Library N.J. Court Opinions

1 VERIZON NEW JERSEY, INC v. BOROUGH OF HOPEWELL -- rank: 1000

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not 'constitute precedent or be binding upon any court.' Although it is posted on the internet, this opinion is binding only on the parties in the case ...

docket:	a2909-18
court:	NJ Superior Court Appellate Division
decided:	2023-06-14
status:	Unpublished
citation:
Document Size:	181864

2 Norfolk Southern Railway Company v. Intermodal Properties, LLC -- rank: 965

... 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 ... proposed use is neither prior nor public. As used in N.J.S.A. 48:12-35.1, “exigencies of business” does not necessitate an urgent need ... turning to other interpretive aids in the face of ambiguity. N.J.S.A. 48:12-35.1 limits a railroad’s power to condemn to circumstances � ... further defines the extent of their authority to condemn. See N.J.S.A. 48:12-35.1. This appeal arises from the exercise of the power of ... in the statute that governs takings by railroads in particular. N.J.S.A. 48:12-35.1. I. Norfolk Southern owns a large tract of land in ... a taking “as exigencies of business may demand[.]” N.J.S.A. 48:12-35.1. Specifically, Intermodal asserted that the statutory language required the ...

docket:	A-117-11
court:	NJ Supreme Court
decided:	2013-08-06
status:
citation:
Document Size:	103479

3 NORFOLK SOUTHERN RAILWAY COMPANY v. INTERMODAL PROPERTIES L.L.C. -- rank: 924

... to N.J.S.A. 48:3-17.6 and N.J.S.A. 48:12-35.1, for authorization to acquire Intermodal's property through the exercise ... not unduly injure the owners of private property. In addition, N.J.S.A. 48:12-35.1 establishes additional conditions for the condemnation of property by railroads ... 22, 2007 opinion, the ALJ additionally addressed the provision in N.J.S.A. 48:12-35.1, which states that a railroad may only take property by ... on this issue. After the ALJ's decision, amendments to N.J.S.A. 48:12-35.1 were enacted into law, which became effective on January 13, 2008. L. 2007, c. 290, § 1. As amended, N.J.S.A. 48:12-35.1 states that a railroad seeking authorization to condemn also must ... motion and argued, among other things, that the amendments to N.J.S.A. 48:12-35.1 were preempted by the Interstate Commerce Commission Termination Act ...

docket:	a3353-09
court:	NJ Superior Court Appellate Division
decided:	2012-02-09
status:	published
citation:	424 N.J. Super. 106 35 A.3d 726
Document Size:	51948