[Toll Bridge Facts.com Editor:  Michigan statutory law -- the Railroad Code of 1993, Act 354 -- provides bridge companies with the power of eminet domain.  This same law expressly prohibits a railroad from comdemning the right-of-way of another railroad or bridge company.  There is absolutely no way under Michigan law that a railroad can use eminent domain to acquire the Grosse Ile Toll Bridge or its right-of-way. 

According to senior staff members of the U.S. Surface Transportation Board, there is not one example in the American history of a railroad using eminent domain powers in any state to acquire a bridge.

It is worth noting that there is federal law does not control how railroads or bridge companies may exercise eminent domain powers -- these eminent domain powers are controlled by state law.]

http://legislature.mi.gov/doc.aspx?mcl-462-241

MICHIGAN COMPILED LAWS

RAILROAD CODE OF 1993 (EXCERPT)
Act 354 of 1993
Section 462.241       
RAILROAD CODE OF 1993 (EXCERPT)
Act 354 of 1993

462.241 Acquisition of property in manner prescribed by §§ 213.51 to 213.77; exception.

Sec. 241.

If a railroad, bridge, or tunnel company, including a non-Michigan railroad company authorized to own and operate a railroad in this state, is unable to agree for the purchase of any real or personal property or franchises required for the purpose of its incorporation, including, but not limited to, yards, terminals, depots, and freight service facilities, it may acquire title to the property in the manner and by the proceedings prescribed in the uniform condemnation procedures act, Act No. 87 of the Public Acts of 1980, being sections 213.51 to 213.77 of the Michigan Compiled Laws. However, a railroad, bridge, or tunnel company shall not, except for crossing, take the track or right-of-way of any other railroad company.

History: 1993, Act 354, Imd. Eff. Jan. 14, 1994

© 2007 Legislative Council, State of Michigan