Legal Opinion
DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION, — APPELLEE/CROSS v. STATE OF SOUTH DAKOTA, — APPELLANTS/CROSS
Court of Appeals for the Eighth Circuit
Decided March 23, 2004No. 03-1046, 03-1179PublishedCited by 39 opinions
1Opinion of the Court
LOKEN, Chief Judge.
In 1986, the Dakota, Minnesota, & Eastern Railroad (DM & E) purchased the deteriorated interstate rail system of the Chicago & North Western Railroad. In 1998, seeking new revenues to fund needed repairs, DM & E applied to the federal Surface Transportation Board for authority under 49 U.S.C. § 10901 to construct new rail lines and to rebuild existing track in South Dakota and elsewhere in order to access low sulfur coal mined in the Powder River Basin area of Wyoming. South Dakota then substantially amended its statute delegating the State’s eminent domain power to…
2Cases cited24 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
- Verizon Maryland Inc. v. Public Service Commission of MarylandSupreme Court of the United States · 2002
- Idaho v. Coeur D'Alene Tribe of IdahoSupreme Court of the United States · 1997
- New York v. United StatesSupreme Court of the United States · 1992
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3Cited by39 opinions
- SER Universal Underwriters Insurance v. Hon. Patrick N. Wilson, JudgeWest Virginia Supreme Court · 2017
- Burlington Northern & Santa Fe Railway Co. v. City of Houston, Texas Court of Appeals, 14th District (Houston)2005
- American Insurance v. St. Jude Medical, Inc.District Court, D. Minnesota · 2009
- HAWKE YE COMMODITY PROMOTIONS, INC. v. MillerDistrict Court, N.D. Iowa · 2006
- Citizens for Equal Protection, Inc. v. BruningDistrict Court, D. Nebraska · 2005
34 more not listed; retrieve them via the Exa API.