The Town of Collierville, Tennessee, Schilling, Inc., Jane Porter Feild, and Joel H. Porter v. Norfolk Southern Railway Company

ALAN E. HIGHERS, Justice.

Defendant Norfolk Southern Railway Company appeals the trial court’s orders of possession entered in favor of Plaintiff/Appellee Town of Collierville in two eminent domain cases. In entering its orders of possession, the trial court ruled that, as a matter of law, the Town of Collierville had the right to condemn easements across Norfolk Southern’s railroad track for the purpose of constructing two grade crossings and that Norfolk Southern was not entitled to an evidentiary hearing on the right-to-take issue. For the reasons hereinafter stated, we reverse the trial…