Wedemeyer v. CSX Transportation, Inc.

Federal 7th Circuit Court
Civil Court
Interstate Commerce Commission Termination Act
Citation
Case Number: 
No. 15-3580
Decision Date: 
March 10, 2017
Federal District: 
S.D. Ind., Terre Haute Div.
Holding: 
Affirmed

Dist. Ct. did not err in granting defendant-railroad’s motion for summary judgment in plaintiffs-landowners’ action seeking removal of defendant’s railroad tracks and possession of real property underlying said tracks following defendant’s notice to Interstate Commerce Commission that it would stop providing common-carrier rail service on portion of track at issue in instant lawsuit. Plaintiffs’ action was preempted by Interstate Commerce Commission Termination Act, since: (1) said Act confers exclusive jurisdiction to Surface Transportation Board on issues relating to railroad routes and railroad’s property, facilities and equipment; and (2) plaintiffs’ action sought to end all rail transport on track in question. Ct. rejected plaintiff’s claim that instant lawsuit was not preempted because their right to ownership and control over track/property stemmed from contract and further noted that defendant never gave up right to enter and use tracks/land at issue and in fact had used said tracks to store railroad cars since ending its common-carrier service.