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CITY OF LINCOLN v. SURFACE TRANSP. BD.

No. 04-3453.

414 F.3d 858 (2005)

CITY OF LINCOLN, Petitioner, v. SURFACE TRANSPORTATION BOARD; United States of America, Respondents.

United States Court of Appeals, Eighth Circuit.

Filed: July 12, 2005.

Attorney(s) appearing for the Case

Charles H. Montange, argued, Seattle, WA, for appellant.

Alice C. Saylor, argued, the Surface Transportation Board, Washington, D.C, for appellee.

Before MORRIS SHEPPARD ARNOLD, LAY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

The City of Lincoln, Nebraska sought to acquire a portion of the right of way of a rail line owned by Lincoln Lumber Company (LLC) to use as a bicycle and pedestrian trail and to improve the city's storm drainage system. Lincoln planned to acquire the property through state eminent domain law and petitioned the Surface Transportation Board for a declaratory order that the proposed acquisition would not be federally preempted as state regulation...

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