Penn Central Corp. v. U.S. Railroad Vest, Corp.

MEMORANDUM AND ORDER

MILLER, District Judge.

The Penn Central Corporation (“Penn Central”) moves for summary judgment and the entry of a permanent injunction. For the following reasons, the court grants Penn Central’s motion and finds that Penn Central is entitled to a permanent injunction.

These consolidated cases concern the constitutionality of Indiana’s approach to the problem of abandoned railroad rights-of-way, IND.CODE 8-4-35. The statute provides that the owner of fee simple real property underlying an abandoned right-of-way, or the owner of the land adjacent to the abandoned…