Abstract
The road to an inconsistent, fact-intensive, national framework for railroad regulation is paved with good intentions—or at least such has been the case in application of the Interstate Commerce Commission Termination Act (“ICCTA”) to condemnations of railroad property by state and local actors. Despite the best intentions of Congress, this particular intersection of transportation law, property law, and issues of federalism has often left the overlapping interests of rail carriers and the nation’s economy in conflict with local actors. This article provides a brief overview of the ICCTA, examines the prevailing regulatory analysis in this purportedly deregulated environment, and concludes with a discussion of a simple solution offered by one federal court to better protect the backbone of interstate commerce.
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