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NORFOLK S. RY. v. INTERMODAL PROP.

A-117 September Term 2011, 070240

71 A.3d 830 (2013)

215 N.J. 142

NORFOLK SOUTHERN RAILWAY COMPANY, a Virginia Corporation, Petitioner-Respondent, v. INTERMODAL PROPERTIES, LLC, Respondent-Appellant.

Supreme Court of New Jersey.

Decided August 6, 2013.

Attorney(s) appearing for the Case

Eric D. McCullough argued the cause for appellant (Waters, McPherson, McNeill, attorneys; Mr. McCullough and James P. Dugan , Secaucus, of counsel).

Alan P. Fox argued the cause for respondent (Capehart & Scatchard, attorneys; Mr. Fox and John K. Fiorilla, Mt. Laurel, of counsel).

Carl A. Wyhopen , Deputy Attorney General, submitted a letter on behalf of respondent Commissioner of Transportation ( Jeffrey S. Chiesa , Attorney General of New Jersey, attorney).

Nancy Winkelman submitted a brief on behalf of amici curiae The American Short Line & Regional Railroad Association, The Association of American Railroads, Consolidated Rail Corporation, CSX Transportation, Inc., and The New Jersey Short Line Railroad Association ( Schnader Harrison Segal & Lewis, attorneys).

Justice HOENS delivered the opinion of the Court.

The State's power to condemn private property is strictly limited by the constitutional rights of citizens to be free of takings without just compensation. See U.S. Const. amend. V; N.J. Const. art. IV, § 6, ¶ 3. Moreover, as a further means to protect the constitutional rights of the people, the Legislature enacted the Eminent Domain Act of 1971,

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