A federal judge has dismissed a lawsuit brought by the Columbus Consolidated Government (CCG) seeking to reclaim approximately 90 acres of railyard property from Norfolk Southern and other railroad companies. The ruling, issued March 25 by U.S. District Judge Clay Land, determined that the city’s state-law claims are blocked by federal law and must be pursued, if at all, through federal channels.
Judge Land denied CCG’s request to return the case to Muscogee County Superior Court and granted motions to dismiss filed by the defendants. The judge ruled that the Interstate Commerce Commission Termination Act of 1995 (ICCTA) “completely preempts” the city’s state claims, as seeking relief would interfere with rail transportation – an area under exclusive federal jurisdiction.
What the City of Columbus and the Railroads Argued
According to the complaint, railroad companies initially requested land from the City of Columbus in the 1800s to build railroad facilities. The city conveyed parcels of land under agreements that included clauses stating ownership would revert to the city if certain conditions were met. These conditions included the cessation of passenger depot use, crossing the Chattahoochee River, or charging for storage.
The city argued that by the 1970s, when passenger train services ended and depots were sold or demolished, these conditions were triggered, returning ownership of the “Railyard Lots” to CCG. Columbus alleged the railroads now use the property for “temporary parking of empty train cars, temporary storage of train cars containing goods, and passage of through traffic” and are unlawfully possessing the land.
The railroad companies removed the case to federal court, arguing that the ICCTA preempted the city’s state-law claims and that CCG’s “exclusive remedy” was to pursue an “adverse abandonment” petition with the federal Surface Transportation Board.
Judge’s Rationale for His Decision
Judge Land acknowledged that CCG did not dispute the defendants are “rail carrier[s]” using the property for “rail transportation.” He determined that the city’s claims – including trespass and nuisance – amounted to regulating rail transportation as success would “cause a cessation of rail transportation.”
The judge also concluded that the ICCTA provides a federal remedy: an adverse abandonment claim before the Surface Transportation Board.
Because CCG’s complaint did not include a federal adverse abandonment claim, Land dismissed the case “without prejudice.” This means CCG may still pursue a claim before the Surface Transportation Board or a non-preempted state-law claim.
CCG had hoped to reclaim the land to make more than 30 acres available for development, according to statements made in 2023.
Frequently Asked Questions
What did the City of Columbus want to do with the railyard property?
CCG wanted to make more than 30 acres available for development, according to officials who spoke in 2023.
What is the Interstate Commerce Commission Termination Act of 1995?
The ICCTA is a federal law that, according to the judge’s ruling, “completely preempts” the city’s state claims because the relief CCG seeks would interfere with rail transportation.
What are CCG’s options now?
CCG may pursue an adverse abandonment claim before the Surface Transportation Board or a non-preempted state-law claim.
As the legal process unfolds, it remains to be seen whether the City of Columbus will pursue further action and what the ultimate fate of the railyard property will be.
