Norfolk Southern Railway Co. v. Intermodal Properties, LLC

The opinion of the court was delivered by

YANNOTTI, J.A.D.

Intermodal Properties, L.L.C. (Intermodal) appeals from a final determination of the New Jersey Department of Transportation (NJDOT) authorizing Norfolk Southern Railway (Norfolk) to condemn Intermodal’s property in Secaucus, New Jersey. For the reasons that follow, we reverse and remand the matter to the Office of Administrative Law (OAL) for further proceedings.

*113I.

Norfolk is the owner of between 240 and 275 acres of land in Seeaucus, upon which Norfolk operates an intermodal freight facility known as Croxton Yard. Intermodal traffic…