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Railroad

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Real Estate and Land Use

The railroad industry represents one of the largest group of landowners in the country, and our real estate attorneys leverage their vast experience of representing—and understanding—railroads to handle their real estate needs effectively. Because the railroad industry has been such an integral part of our firm’s history, our real estate practice possesses industry-specific experience.

Railroads face unique real estate issues because of the nature of their holdings. We have experience in railroad right-of-way disputes, including disputes with adjourning property owners; issues related to shared right-of-way with utilities; sophisticated right-of-way valuation disputes; and in corridor valuation methodologies, from traditional sales comparison approaches to the use of across-the-fence values with enhancement factors.
Partners
Alvey Jr., Thomas W.
Brown, Paul M.
Cornfeld, Richard S.
Dick, David A.
Godiner, Clifford A.
Goodloe, Allan
Hakes, William D.
Harla, Harlan A.
Jones, Thomas E.
Lamb, Nicholas J.
O'Keefe, Michael D.
Reitz, Kurt E.
Shaw, Booker T.
Stratmann, David A.
VanDorn, Erick E.
Associates
Bridges, Kristine Helen
Bruning, Lauren M.
Campbell, Crystal M.
Hitzemann, Christopher E.
Hooks, Heath H.
McGinley, Kevin C.
Rochat, Ross E.
  • Burlington Northern Santa Fe
  • CSX Transportation
  • Illinois Central Railroad Company
  • Kansas City Southern
  • Norfolk Southern
  • Rail America, Inc.
  • Union Pacific

Real Estate, Zoning and Land Use
Norfolk Southern Railway Company v. Ameren Corporation
We represented the Norfolk Southern in a declaratory judgment and ejectment action to require Ameren to remove its facilities from a 7-mile stretch of the right-of-way in the St. Louis metropolitan area. The railroad filed the action after terminating Ameren’s license for use of the rail corridor and numerous unsuccessful attempts to negotiate a new license agreement. Ameren counterclaimed for condemnation of part of the utility corridor. The case settled favorably on the basis of corridor value shortly before trial and after partial summary judgment in favor of the railroad.
State of Missouri ex rel. Nixon v. Missouri Department of Natural Resources and Union Pacific Railroad Company
This case was brought by former Missouri Attorney General Jay Nixon, alleging that the Boonville Bridge was part of the Katy Trail, pursuant to a trails agreement, and that the State had a property interest in the bridge. The railroad desired to dismantle the abandoned bridge and use the steel for construction of a new bridge over the Osage River. We prevailed on summary judgment in Cole County and held the judgment on appeal to the Western District Court of Appeals. We also represented the railroad before the Clean Water Commission, which upheld issuance of the DNR permit to the railroad.
Johnson Bootheel Properties LLC v. Coppage and Union Pacific Railroad Company
We represented the railroad in this quiet title and slander of title action involving the railroad’s sale of excess right-of-way.