Illinois Central Gulf Railroad v. Bair

626 F. Supp. 747, 1985 U.S. Dist. LEXIS 12473
CourtDistrict Court, S.D. Iowa
DecidedDecember 20, 1985
DocketCiv. No. 83-147-C
StatusPublished

This text of 626 F. Supp. 747 (Illinois Central Gulf Railroad v. Bair) is published on Counsel Stack Legal Research, covering District Court, S.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Illinois Central Gulf Railroad v. Bair, 626 F. Supp. 747, 1985 U.S. Dist. LEXIS 12473 (S.D. Iowa 1985).

Opinion

FINDINGS OF FACT, CONCLUSIONS OF LAW, DECLARATORY JUDGMENT, PERMANENT INJUNCTION AND ANCILLARY RELIEF

STUART, District Judge.

This matter is before the Court on the request of the parties for final relief in this case based upon prior .decisions of this Court in the case of Burlington N. R.R. v. Bair, Civil No. 83-100-A [BN case]. See, 584 F.Supp. 1229 (S.D.Iowa 1984), affd. and remanded, 766 F.2d 1222 (8 Cir.1985). The issue in this case is the personal property tax issue involved in the BN case. Plaintiff Illinois Central Gulf Railroad Company [ICG] seeks declaratory and injunctive relief. The parties have submitted their Stipulation of Relevant Facts which is attached hereto and marked Appendix 1.

Based upon the pleadings and the Stipulation, the Court makes the following findings of fact:

Findings of Fact

1. The Court accepts and finds as facts herein the facts contained in Appendix 1. Appendix 1 is incorporated herein by reference.

2. The Court finds that, based upon the findings and conclusions in the BN case, the correct 1983 assessment and actual value for the rail transportation property of the ICG which is subject to valuation and assessment by the Director should be and is $8,886,160.

3. The Court finds that, based upon the findings and conclusions in the BN case, the correct 1984 assessment and actual value for the rail transportation property of the ICG which is subject to valuation and assessment by the Director should be and is $13,255,699.

Based upon the foregoing, the Court makes the following conclusions of law:

Conclusions of Law

1. The Court has jurisdiction over the subject matter hereof pursuant to the provisions of 49 U.S.C. § 11503, 28 U.S.C. § 1337 and 28 U.S.C. § 1331.

2. The Court has jurisdiction over the parties hereto.

3. The ICG is a “rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of Chapter 105” of the Interstate Commerce Act, 49 U.S.C. §§ 10101, et seq.

4. The real and personal property of the ICG which is subject to valuation and assessment by the Director pursuant to the provisions of Iowa Code ch. 434 is “rail transportation property”, as that phrase is defined in 49 U.S.C. § 11503; the Director performs an “assessment”, as that word is defined in 49 U.S.C. § 11503, with respect to such property; and the State of Iowa is an “assessment jurisdiction”, as that phrase is defined in 49 U.S.C. § 11503, with respect to such property.

5. For the reasons stated in the Ruling and Order on Personal Property Taxation Issue entered by this Court on April 20, 1984, in the BN case, [584 F.Supp. 1229], [749]*749the Court concludes that, to the extent that the 1983 assessment of the rail transportation property of the ICG by the Director exceeds $8,886,160, the same unreasonably burdens and discriminates against interstate commerce in violation of 49 U.S.C. § 11503(b) and results in the imposition of a tax that discriminates against the ICG in violation of 49 U.S.C. § 11503(b)(4).

6. For the reasons stated in the Ruling and Order on Personal Property Taxation Issue entered by the Court on April 20, 1984, in the BN case [584 F.Supp. 1229], the Court concludes that, to the extent the 1984 assessment of the rail transportation property of the ICG by the Director exceeds $13,255,699, the same unreasonably burdens and discriminates against interstate commerce in violation of 49 U.S.C. § 11503(b) and results in the imposition of a tax that discriminates against the ICG in violation of 49 U.S.C. § 11503(b)(4).

Based upon the foregoing, the Court enters the following declaratory judgment herein:

Declaratory Judgment

IT IS ORDERED, ADJUDGED, DECREED AND DECLARED as follows:

1. To the extent that the 1983 assessment of the rail transportation property of the ICG by the Director exceeds $8,886,160, the same is null, void and of no force and effect. The 1983 revised assessment of the rail transportation property of the ICG is declared to be $8,886,160.

2. To the extent that the 1984 assessment of the rail transportation property of the ICG by the Director exceeds $13,255,-699, the same is null, void and of no force and effect. The 1984 revised assessment of the rail transportation property of the ICG is declared to be $13,255,699.

Based on the foregoing, the Court enters the following permanent injunction herein:

Permanent Injunction

IT IS ORDERED, ADJUDGED AND DECREED as follows:

1. The Director is permanently enjoined from doing, or causing to be done, any act under the provisions of Iowa Code ch. 434 which would result in the valuation and/or assessment of the rail transportation property of the ICG for the year 1983 in excess of the amount of $8,886,160 or which would result in the valuation and/or assessment of the rail transportation property of the ICG for the year 1984 in excess of the amount of $13,255,699.

2. The Director shall forthwith transmit to the County Auditor of each county in which the rail transportation property of the ICG was located for the assessment year 1983 a revised statement showing the length of the main track within each such county, and the assessed value per mile of the same, as fixed by a ratable distribution per mile of an assessed value of the whole property of ICG.

3. The Director shall forthwith transmit to the County Auditor of each county in which the rail transportation property of the ICG was located for the assessment year 1984 a revised statement showing the length of the main track within each such county, and the assessed value per mile of the same, as fixed by a ratable distribution per mile of an assessed value of the whole property of ICG.

4. Upon receipt by the County Auditors of the revised statements required by paragraphs 2 and 3 hereof, they will forthwith present the same to their respective boards of supervisors in accordance with the provisions of Iowa Code § 434.22

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Burlington Northern Railroad v. Bair
584 F. Supp. 1229 (S.D. Iowa, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
626 F. Supp. 747, 1985 U.S. Dist. LEXIS 12473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/illinois-central-gulf-railroad-v-bair-iasd-1985.