2015
Schilling v. Norfolk S. Ry. Co.
Virginia Circuit Court
2015 Va. Cir. LEXIS 108
Landowners’ filed action alleging that Railway was damaging their property without just compensation by noise, vibration, smoke, dust and dirt. Railway had been in use since the 1890s, before neighboring developments were built. Railway filed plea in bar asserting claim was federally pre-empted by 49 U.S.C.S. § 10501(b). Court agreed and dismissed complaint.
Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.
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