By: Cameron W. MacLeod, Esq.

Under New Jersey law, public utilities are afforded the ability to exercise eminent domain by statute. Railroads are included in the general class of public utilities, and also have their own separate statute by which to exercise eminent domain when doing is part of the “exigencies of business.” Recently, in Norfolk Southern Railway Company v. Intermodal Properties, LLC, the New Jersey Supreme Court affirmed the Appellate Division in permitting the exercise of eminent domain by Norfolk Southern in taking neighboring property, but did so in a way that highlights the Court’s approach to statutory interpretation.