Burlington Northern & Santa Fe Railway Co. v. City of Houston

MAJORITY OPINION

LESLIE BROCK YATES, Justice.

In this condemnation suit, appellant, The Burlington Northern and Santa Fe Railway Company (“BNSF”), is attempting to condemn an easement to build a federally-approved rail line through property owned by appellee, The City of Houston. BNSF appeals from the county court’s dismissal of its condemnation suit. We reverse and remand.

BACKGROUND

It has long been national policy to promote an adequate and efficient rail transportation service. Norfolk & W. Ry. v. Am. Train Dispatchers’ Ass’n, 499 U.S. 117, 119, 111 S.Ct. 1156, 113 L.Ed.2d 95 (1991). In 1995,…