Legal Opinion

Norfolk Southern Railway Co. v. SCC

Supreme Court of Virginia

Decided May 22, 2025No. 1240869Published

1Opinion of the Court

PRESENT: Powell, Kelsey, McCullough, Chafin, and Mann, JJ., and Millette and Mims, S.JJ. NORFOLK SOUTHERN RAILWAY COMPANY OPINION BY v. Record No. 240869 JUSTICE TERESA M. CHAFIN MAY 22, 2025 STATE CORPORATION COMMISSION, ET AL. FROM THE STATE CORPORATION COMMISSION Norfolk Southern Railway Company (“Norfolk Southern”) challenges the constitutionality of Code § 56-16.3, a statute that permits broadband service providers to install fiber optic cables across railroad property. As applied in this case, Code § 56-16.3 authorizes a private broadband service provider to take railroad property for a…

2Cases cited10 opinions

  1. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
  2. Kelo v. City of New LondonSupreme Court of the United States · 2005
  3. Mumpower v. Housing AuthoritySupreme Court of Virginia · 1940
  4. City of Richmond v. CarnealSupreme Court of Virginia · 1921
  5. Boyd v. C. C. Ritter Lumber Co.Supreme Court of Virginia · 1916

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