Legal Opinion
R. Faulk, III v. Union Pacific Railroad Com
Court of Appeals for the Fifth Circuit
Decided July 25, 2014No. 13-30669UnpublishedCited by 2 opinions
1Opinion of the Court
PER CURIAM: *
This case concerns a dispute over the proposed closing of several private railroad crossings in Louisiana. The district court determined that the railroads have a servitude, rather than fee-simple ownership, over the land. It then certified to this court the question of whether a Louisiana statute preventing the railroads from closing the private crossings violates the Louisiana Constitution’s prohibition on takings. We conclude that this question should be certified to the Louisiana Supreme Court.
I. Procedural History
This dispute arose after the Defendant, Union Pacific Railroad…
2Cases cited13 opinions
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- Bridas S.A.P.I.C. v. Government of TurkmenistanCourt of Appeals for the Fifth Circuit · 2003
- Okpalobi v. FosterCourt of Appeals for the Fifth Circuit · 2001
- New Orleans & Gulf Coast Railway Co. v. BarroisCourt of Appeals for the Fifth Circuit · 2008
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3Cited by2 opinions
- Faulk v. Union Pacific RailroadSupreme Court of Louisiana · 2015
- R.T. Faulk, III, Corey Farms, L.L.C. Faulk Farms, Incorporated Joanne Hodges River Valley Properties McHenry Farms, L.L.C. Sherman Shaw T.P. Godwin William G. Nadler McHenry Realty Partnership v. Union Pacific Railroad CompanySupreme Court of Louisiana · 2015