Nat'l R.R. Passenger Corp. v. McDonald

• Decision Date: 26 September 2013
• Docket Number: No. 12 Civ. 2731(CM).,12 Civ. 2731(CM).
• Citation: 978 F.Supp.2d 215
• Parties: NATIONAL RAILROAD PASSENGER CORPORATION, Plaintiff, v. Joan McDONALD, Commissioner, The New York State Department of Transportation, Defendant.
• Court: U.S. District Court — Southern District of New York

978 F.Supp.2d 215

NATIONAL RAILROAD PASSENGER CORPORATION, Plaintiff,

v.Joan McDONALD, Commissioner, The New York State Department of Transportation, Defendant.

No. 12 Civ. 2731(CM).

United States District Court, S.D. New York.

Sept. 26, 2013.

Charles E. Dorkey, III, McKenna Long & Aldridge, New York, NY, Christina Marleen Carroll, Craig Damon Rust, Daniel Joseph Carrigan, McKenna Long & Aldridge LLP, Washington, DC, for Plaintiff.

William James Taylor, Jr., Mark Eliott Klein, Office of The Attorney General, New York, NY, for Defendant.

DECISION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

McMAHON, District Judge.

The question presented by this case is whether New York State has the authority to condemn property owned by National Railroad Passenger Corporation, known as Amtrak, in the face of certain federal statutes that created Amtrak and govern the use of its property. Amtrak brought this action against the Commissioner of the New York State Department of Transportation, asserting that the Commissioner's effort to condemn Amtrak-owned property along the Bronx River is preempted by federal law. The State has already condemned six parcels of Amtrak property, and has plans to condemn one additional parcel, as part of the “Bronx River Greenway” project—a joint New York State, New York City, and federal redevelopment project to restore the riverfront, which includes the development of parks, bike paths, and running and walking trails along the Bronx River.

The parties have filed cross-motions for summary judgment. For the reasons that follow, Defendant's motion for summary judgment is granted and Plaintiff's is correspondingly denied.

BACKGROUND

I. The Parties

Plaintiff National Railroad Passenger Corporation (“Amtrak”) is a private, for-profit District of Columbia corporation created by the Rail Passenger Service Act of 1970, 49 U.S.C. § 24101 et seq.See49 U.S.C. § 24301. It operates intercity and commuter rail service throughout the United States, including Bronx County, New York, for which purpose it owns and utilizes certain real property and railroad rights of way that were conveyed to it pursuant to the Regional Rail Reorganization Act of 1973, 45 U.S.C. § 701 et seq. (“Rail Act”).

The United States owns more than fifty percent of Amtrak's capital stock. Through the U.S. Secretary of Transportation, the United States holds a first mortgage on all Amtrak property. See49 U.S.C. § 24907(a). However, “Amtrak ... is not a department, agency, or instrumentality of the United States Government.” 49 U.S.C. § 24301(a)(3).

Defendant Commissioner Joan McDonald is the Commissioner of the New York State Department of Transportation (“NYSDOT”). Pursuant to sections 22 and 30 of the New York State Highway Law (the “Highway Law”) and the New York Eminent Domain Procedure Law (the “EDPL”), the Commissioner and her authorized agents and delegees at NYSDOT have the authority to acquire property by eminent domain on behalf of the State of New York “for state highway purposes.” Highway Law § 22. The Commissioner is being sued here in her official capacity.

II. The Commissioner's Purported Acquisition of the Amtrak PropertyA. The Bronx River Greenway Project

The Bronx River Greenway project (the “Greenway”) is a joint federal, New York State, and New York City redevelopment project to develop a 23–mile long ribbon of parkland with a multi-use path that will extend along the entire length of the Bronx River, from its mouth at the East River to its source in Westchester County. Thus far, approximately 15 miles of the Greenway have been completed, which including the cleanup of the Bronx River, the restoration of much of its waterfront, the renovation of several existing parks, and the development of new parkland, bike paths, running and walking trails, and canoeing facilities in the Bronx.

One of the goals of the Greenway is to develop open green space in the economically disadvantaged neighborhoods of the South Bronx, which have long been deprived of such outdoor park and recreation areas. NYSDOT is responsible for implementing the portion of the Greenway that stretches from Westchester Avenue to West Farms Square, near East Tremont Avenue in the Bronx. To date, NYSDOT has (1) reconstructed Starlight Park, located along the banks of the Bronx River between East 172nd Street and East 174th Street, with new soccer and softball fields, playgrounds, picnic areas, and a floating dock; (2) developed of new green space, bike paths, and running and walking trails; and (3) built a new pedestrian bridge across the Bronx River north of East 174th Street.

NYSDOT also has plans to develop the Greenway between Westchester Avenue and East 172nd Street in the Bronx. At issue in this case is certain property located in this area of the Bronx, owned by Amtrak, that was or is in the process of being condemned by NYSDOT as part of the project.

B. The Amtrak Parcels at Issue in this Action

There are seven parcels at issue, all located near Amtrak's railroad tracks in the “Northeast Corridor,” the rail line connecting New York and Boston, and one of the busiest stretches of rail line in the world. The Court refers to these parcels collectively as the “Amtrak Bronx Rail Property.”

The Commissioner claims that she, pursuant to her eminent domain power, already acquired title to six of the parcels (defined below as Parcels 105, 107, 108, 109, 110, and 111) on behalf of the State of New York. The Commissioner has begun, but not yet completed, the acquisition process with respect to the remaining parcel (Parcel 178).

More specifically:

Parcel 105. Map 105 R–1, Parcel 105 is a 5,141.5 square-foot parcel of land, located just north of Westchester Avenue in the Bronx, on the west side of Bronx River, and on the east side of Amtrak's tracks. ( See Carroll Decl. Ex. A at 4; Carroll Decl. Ex. G.)

The Commissioner has appropriated this parcel in fee and plans to build a pedestrian bridge on it, over the Bronx River. Excavation and pile driving will be required to build the bridge abutments on Parcel 105.

Prior to its purported acquisition by the State, Parcel 105 was used by the adjacent property owner as a parking lot to store impounded vehicles. Parcel 105 has not been used by Amtrak for any purpose since at least 2000, and Amtrak has no particular plans to use the parcel in the future.

Parcels 107, 108, and 109. Identified on Map 107, Parcels 107, 108, and 109 are strips of property on the east and west sides of Amtrak's tracks between the Bronx River and East 172nd Street, covering 1,702.5 square feet, 2,140.8 square feet, and 1,029.8 square feet, respectively. ( See Carroll Decl. Ex. B.)

The existing retaining wall along Amtrak's tracks is located on these three parcels, and the Commissioner has obtained permanent easements on the parcels in order to construct and maintain a new retaining wall along the tracks. The parcels are located a few feet from operating railroad tracks.

Prior to the State's purported acquisition of these parcels, the parcels were used only for the existing retaining wall. Aside from maintaining this retaining wall, Amtrak has no particular plans to use the parcels in the future.

Parcels 110 and 111. Identified on Map 108 R–1, Parcels 110 and 111 are strips of land along the east and west sides of Amtrak's tracks, just north of East 172nd Street, which cover 34.38 square feet and 433.78 square feet, respectively. ( See Carroll Decl. Ex. C.)

Like Parcels 107, 108, and 109, Parcels 110 and 111 contain portions of Amtrak's track-side retaining wall. The Commissioner has obtained permanent easements on the parcels in order to construct and maintain a new retaining wall. These parcels are also located a few feet from operating railroad tracks. Aside from maintaining the retaining wall, Amtrak has no particular plans to use the parcels in the future.

Parcel 178. Map No. 175, Parcel No. 178 is a 6,395.92 square foot aerial easement which the Commissioner seeks in order to construct and maintain a pedestrian bridge over Amtrak's tracks at East 172nd Street to the newly-reconstructed Starlight Park.

A bridge over Amtrak's track existed at this location for many years, while Amtrak's trains ran underneath it. That bridge was knocked down more than a decade ago, but its abutments were left intact, with the exception of the western abutment. The City of New York, which maintained the prior bridge, has asserted that it retains the right to rebuild a new bridge at this same spot.

As discussed below, the Commissioner began eminent domain proceedings with respect to Parcel 178 and the other six parcels that she has already condemned in 2005, but she has not completed the proceedings with respect to Parcel 178.

Additionally, Amtrak contends that exercising control over or constructing upon any of these parcels would impact Amtrak because construction near rail lines can disturb the soil beneath the property. Also, even though Amtrak has no knowledge of specific contaminants in the area, and has designated the property as low risk, it asserts that construction on the property may still pose some hypothetical risk to the environment.

C. The New York State Eminent Domain Proceedings

The Commissioner began eminent domain proceedings with respect to each of the seven parcels at issue in this case in 2005. For Parcels 105, 107, 108, 109, 110, and 111, these proceedings concluded in 2008; for Parcel 178, the proceedings are ongoing.

1. The May 2005 EDPL Public Hearing

Pursuant to Article 2 of the EDPL, the Commissioner commenced eminent domain proceedings in 2005, by noticing and holding a public hearing regarding the development of the Bronx River Greenway between Westchester Avenue and East Tremont Avenue, and NYSDOT's intention to acquire by eminent domain the necessary property for this development. SeeEDPL §§ 201–203.

In April and May 2005, notice of the public hearing was published in several area newspapers, including,...