Norfolk Southern Railway v. State Corporation Commission
Virginia Supreme Court held that a law permitting broadband service providers to install fiber optic cables across railroad property violates a state constitutional amendment providing robust “public use” requirements for eminent domain, as applied to a private company seeking to expand its network for financial gain.
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Assessing the State Reaction to the Supreme Court’s Undermining of Property Rights
Twenty years after Kelo v. City of New London, there has been much progress, but abusive takings continue in many states.