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U.S. Rail Law Doesn’t Preempt Pennsylvania Riparian Rights, State High Court Says

Mealey's (June 17, 2015, 8:21 AM EDT) -- HARRISBURG, Pa. — The Federal Railroad Safety Act (FRSA) does not preempt riparian rights under Pennsylvania law, the state Supreme Court ruled Oct. 30, 2014, in a 5-1 decision that reversed a split Commonwealth Court ruling against a property owner who claims that an old railroad bridge repeatedly flooded his property (Norene M. Miller, et al. v. Southeastern Pennsylvania Transportation Authority, No. 58 MAP 2013, Pa. Super.; 2014 Pa. LEXIS 2866).

(Majority opinion available. Document #95-141113-017Z.)

David Miller owned a hotel in Fort Washington, Pa., that...
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