DutchRailnut wrote:no, eminent domain does not apply when a state tries to take federal controlled property (railroad). private or otherwise.
I respectfully disagree with you and your assertion. Railroad rights of way, while regulated by the Federal Government AND state government are PRIVATE property, and subject to eminent domain. For proof of this I would send you to
Missouri Pacific Railway Company vs. the State of Nebraska (1905)
where after deciding that (a) The right of way for a railway IS PRIVATE PROPERTY; (b) the people who wanted to use part of the private property were NOT the state, but private owners (hence no eminent domain), and other issues, the SUPREME COURT held (last paragraph of order) that the state cannot compel a private company to surrender private property to another private person. If however the land being private property had been sought by the state for the public good, eminent domain would apply.
Private property can be seised under eminent domain per the following cases;
Rindge Co. v. County of Los Angeles (1923)- Where the cort ruled that the state could take private land (Upholding Eminent Domain)for the betterment of public good to build a scenic Highway
Poletown decision (1981)- The Courts said that the whole economic vitality of the Detroit region was based on the ability of General Motors to build a Cadillac assembly plant on an existing neighborhood with hundreds of homes, and they were allowed to do that.
If the state can prove that the way that Boozeatonic is rapeing....er I mean running the railroad, they have every right to claim eminent domain before the crackheads there drive it any farther into the ground.......
Character is doing the right thing when nobody's looking. There are too many people who think that the only thing that's right is to get by, and the only thing that's wrong is to get caught. JC Watts
Knowledge is knowing a tomato is a fruit. Wisdom is knowing not to include tomato in a fruit salid.