[Toll Bridge Facts.com Editor: Even if a railroad wanted to try -- and there isn't one that does -- to use eminent domain to acquire the Toll Bridge, the fact is that it is not possible under Michigan statutory and case law. 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 statutory and case law, among other reasons, 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. Click here for more information.]
[Toll Bridge Facts.com Editor: Even if a railroad wanted to try -- and there isn't one that does -- to use eminent domain to acquire the Toll Bridge, the fact is that it is not possible under Michigan statutory and case law. 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 statutory and case law, among other reasons, 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. Click here for more information.]
Posted at 01:30 PM in News & Commentary | Permalink