Search Rutgers Law Library N.J. Court Opinions

1 Norfolk Southern Railway Company v. Intermodal Properties, LLC -- rank: 1000

... 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 ... HELD: Norfolk Southern’s proposed use meets the requirement of N.J.S.A. 48:3-17.7 that the taking be “not incompatible with the public ... general needs or ordinary course of business require it. 1. N.J.S.A. 48:3-17.7 requires that a railroad’s taking by eminent domain be ... profit-making parking facility, is neither prior nor public. Finally, N.J.S.A. 48:3-17.7 focuses on the condemnor’s proposed use and does not ... it be “not incompatible with the public interest[.]” N.J.S.A. 48:3-17.7. Second, we are asked to consider whether the railroad demonstrated ... taking be “not incompatible with the public interest[.]” N.J.S.A. 48:3-17.7. In particular, Intermodal sought to offer evidence that it ...

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

2 IN THE MATTER PETITION OF ATLANTIC CITY ELECTRIC COMPANY -- rank: 750

... subject to the restrictions as provided hereinafter." In this respect, N.J.S.A. 48:3-17.7 provides: The power of condemnation shall not be used or ...

docket:	a6073-03
court:	njappellate
decided:	2006-02-10
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	119314

3 IN THE MATTER PETITION OF ATLANTIC CITY ELECTRIC COMPANY -- rank: 750

... subject to the restrictions as provided hereinafter." In this respect, N.J.S.A. 48:3-17.7 provides: The power of condemnation shall not be used or ...

docket:	a6069-03
court:	njappellate
decided:	2006-02-10
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	119315

4 NORFOLK SOUTHERN RAILWAY COMPANY v. INTERMODAL PROPERTIES L.L.C. -- rank: 730

... other public utilities may take or acquire property by condemnation. N.J.S.A. 48:3-17.7 states that a public utility may not exercise this condemnation ... Norfolk had established all of the criteria for condemnation under N.J.S.A. 48:3-17.7 and N.J.S.A. 48:12-35.1. The ... was "not incompatible with the public interest," as required by N.J.S.A. 48:3-17.7. "Appellate review of an agency's determination is limited in ... taking would not cause it to suffer undue injury. See N.J.S.A. 48:3-17.7. We do not agree. Generally, burdens of persuasion and production ...

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