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C. Randall Foxv.Norfolk Southern Corporation Et Al.

CourtCourt of Appeals of Georgia
Docket No.A17A0319
DecidedJune 23, 2017
Reporter338 Ga. App. 101
JudgesCourt of Appeals of Georgia
Tags
CivilProperty LawTort LawSummary JudgmentStatutory InterpretationReversalRemand
Case Summary

C. Randall Fox sued Norfolk Southern after the railroad constructed a passing track beside an existing track crossing Fox’s Gordon County property. He asserted trespass and inverse-condemnation claims, arguing that the railroad exceeded its right of way and that federal law did not preempt compensation for property east of the tracks. The Georgia Court of Appeals affirmed summary judgment for Norfolk Southern on the claims concerning the railroad right of way. The deed and historical records established the railroad’s right to use that strip, and Fox had not acquired it by adverse possession. The court reversed summary judgment on Fox’s separate inverse-condemnation claim concerning property east of the right of way, holding that the record did not establish federal preemption as a matter of law. The judgment was therefore affirmed in part, reversed in part, and remanded for further proceedings.

Opinion

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