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COURT OF APPEALS FOR THE SIXTH CIRCUIT
Norfolk S. R.R. Co. v. Dille Road Recycling, LLC


This case concerns a narrow parcel of land (the “Parcel”)— roughly 600 feet by 32 feet—that runs adjacent to Norfolk Southern Railway Company’s active rail line in Euclid, Ohio. No one disputes that Norfolk owns the Parcel. But Dille Road No. 22-4037 Norfolk S. Ry, Co. v. Dille Rd. Recycling, LLC Page 2 Recycling, which owns the property on the other side of the Parcel, has occupied and used the Parcel for nearly two decades. A few years ago, the parties began an out-of-court dispute over the Parcel’s use. After negotiations stalled, the parties took the matter to federal court. Dille sought adverse possession of the Parcel or, alternatively, a prescriptive easement. Norfolk sought a declaration that Dille’s property claims were preempted by the Interstate Commerce Commission Termination Act (ICCTA). The district court held that Dille’s prescriptive- easement claim was not preempted, and then granted Dille its easement. We disagree with the district court’s threshold conclusion. Because federal law does preempt Dille’s state-law prescriptive-easement claim, we reverse.

I. BACKGROUND

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