Resolution of First Railroad Eminent Domain Matter In NJ In Fifty Years

**Results may vary depending on your particular facts and legal circumstances**

On February 22, 2017, Capehart Scatchard obtained a consent judgment from the USDC D N.J. granting title to the property sought for a price less than the amount previously offered in settlement to the defendants. Transportation Department Chair, John K. Fiorilla, Esq., along with shareholders Mary Ellen Rose, Esq. and Alan P. Fox, Esq., coordinated their efforts with client representatives from the law, real estate, operating, and engineering departments; as well as outside planning, appraisal and engineering experts, to obtain this result.  Fiorilla and Malcolm Roop, Norfolk Southern’s lead real estate manager in the matter, will present an overview of how they obtained this success at the National Conference of the American Railroad Development Association when it meets in Memphis, Tennessee in June 2017.

In 2005, Capehart’s Transportation Section commenced the first eminent domain action by a railroad company in N.J. in fifty years.  After redefining the law in this area and winning a decision from the Office of Administrative Law, the N.J. Commissioner of Transportation, the Superior Court, Appellate Division and the N.J. Supreme Court (see Norfolk Southern Railway Company v. Intermodal Properties, LLC, 215 N.J. 142 (2013)), obtaining the consent judgment from the USDC D N.J. is a favorable resolution.