State Ex Rel. Department of Transportation v. Penn Central Corp.

TAYLOR, Judge.

This is an action by the State of Delaware upon the relation of the Department of Transportation [plaintiff] against Penn Central Corporation [Penn Central] and approximately 350 individual defendants to acquire by eminent domain the fee simple absolute title to a strip of land together with rails, ties, ballasts and bridges running approximately 16.1 miles from Georgetown, Delaware to Lewes Beach, Delaware which has been used for a railroad line. The central question is whether and to whom compensation must be paid as a result of the taking of the land. Plaintiff concedes that…