Kansas City Southern Railway Co. v. Louisiana Public Service Commission

223 So. 2d 132, 254 La. 160, 1969 La. LEXIS 2948
CourtSupreme Court of Louisiana
DecidedMay 5, 1969
DocketNo. 49532
StatusPublished
Cited by11 cases

This text of 223 So. 2d 132 (Kansas City Southern Railway Co. v. Louisiana Public Service Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kansas City Southern Railway Co. v. Louisiana Public Service Commission, 223 So. 2d 132, 254 La. 160, 1969 La. LEXIS 2948 (La. 1969).

Opinions

McCALEB, Justice.

The State, Through the Department of Highways, filed a petition before the Louisiana Public Service Commission seeking an order requiring the Kansas City Southern Railway Company and' the Louisiana & Arkansas Railway Company (hereinafter referred to as the railroad) to allow the City of Pineville and the Highway Department to cross at grade certain main line and switch, spur and other adjacent tracks owned by the railroad, conformably with the provisions of R.S. 45 :841. This project was designated as State Project No. 840-30-01 as part of State Route Louisiana 3108, and the proposed grade crossing was designed to be a continuation •■ of Church Street in Pineville, thus constituting a direct route from the Pineville-Alexandria Expressway area served by Crepe Myrtle Street.

The railroad opposed the petition, filing an exception of no cause or right of action in which it was alleged that the proposed extension of the highway across the railroad tracks directly over and through the railroad’s industrial yard is illegal; that, in this particular location, there are seven railroad tracks which would be traversed at grade, and such a crossing would’present a hazard to exceptors and their employees and to the industry served by exceptors as well as the public in general; that the tract and rights of way in this area are owned in fee simple by the railroad and, as a matter of law, such rights of way may not be appropriated by the Department of Highways through a show cause order before the Commission but must be acquired through expropriation proceedings before a court of [165]*165law; and that there is no law authorizing the allowance of a grade crossing in the manner sought hy the Department herein.

It does not appear that the Public Service Commission specifically passed on the railroad’s exception hut, presumably, it was found untenable. For, following two hearings on the merits of the case at which considerable evidence was taken, it issued Order No. 9710 directing the railroad to permit construction of the crossing as specified in the Department’s request, ordering and directing that the railroad enter negotiations with the Department, the City of Pineville, the Rapides Parish Police Jury and/or any other public body concerned and, thereafter, join in the agreements and procedures necessary to effectuate the construction and maintenance of the proposed crossing.

The railroad appealed to the district court, where the Commission’s order was affirmed on the authority of Illinois Central R. Co. v. Louisiana Pub. Serv. Comm., 224 La. 279, 69 So.2d 43, although the district judge expressed apprehension that the nature of the proposed crossing and construction in this case may well present circumstances somewhat different from those appearing in the Illinois Central Railroad case.

It is appropriate, at the outset, to set forth the physical facts showing the locality of the proposed crossing and the nature of the extension of Church Street the Highway Department seeks in order to provide the inhabitants of the Crepe Myrtle Street area with an access road to the Pine-ville-Alexandria Expressway. When the case was heard below, the trial judge ordered certain additional testimony to be adduced and requested counsel to file a plat providing a more accurate description of the railroad property over which the road was to be constructed. Further evidence was then taken and a plat filed which was identified as KCS and L & A No. l-A. The judge correctly portrays the project in his written reasons for judgment as follows :

“ * * * From the east boundary where the proposed street enters plaintiff railroad’s property to the west boundary, plaintiff railroad’s property where the proposed street leaves or exits plaintiff’s property is approximately 361 feet. This distance is a little longer on the north side than it is on the south side due to the angle of the’ east boundary of plaintiff’s property. The proposed highway is 80 feet wide, flaring out at each end on the east and west to approximately 125 feet.
“This proposed street which in fact is a continuation of Crepe Myrtle Street crosses two main lines of plaintiff and some four or five switches or spur tracks, or as they are sometimes called side tracks. One of -the main lines goes from [167]*167Shreveport to New Orleans and the other main line branch goes from Alexandria to Hope, Arkansas. The switches, side tracks and spur tracks are between the two main lines. The right of way of the two main lines is 100 feet, or 50 feet on each side from the center of the tracks. The right of way of main line from Shreveport to New Orleans being 50 feet from the center of the track to the west boundary of plaintiff’s property and the right of way of the main line of the branch from Alexandria to Hope, Arkansas being 50 feet from the center of the track to the east boundary of plaintiff’s property. The two combined rights of way of 100 feet each of the two main line tracks constituting 200 feet. As above stated, it is 361 feet from where the proposed road enters plaintiff’s property on the east to where it exits on the west side of plaintiff’s property, leaving a distance of 161 feet in between the two main lines right of ways. However, the spur tracks, side tracks and switches are in between the two main lines and their respective rights of way, some of these spur tracks being only a few feet from the main lines and from each other. * * * ”

The railroad’s primary legal position is that its main and subsidiary lines and spur tracks, which the Department seeks to cross at grade, are private property, which cannot be taken for public purposes except by expropriation in judicial proceedings. This contention is divided into four specifications of error, but we do not find it essential to separately discuss each specification as all stem from the same basic claim that its private property is being taken for public purposes without payment of compensation.

This postulation, we think, is fully answered by our decision in the Illinois Central R. Co. v. Louisiana. Pub. Serv. Comm, case, where it was held that R.S. 45:841, which specifically authorizes the Public Service Commission to require the operators of railways “ * * * crossing any public road already constructed or which may be constructed, to construct and maintain a suitable and convenient crossing over such public road, the crossing to extend to the limits of the right of way, or fifty feet from the center of such railway, * * * in accordance with the standard specifications furnished by the Department of Highways in respect to such crossings”, is a valid exercise of the State’s police power. In thus concluding, the Court declared:

“We do not think that the position of the railroad is well founded. The fact that the company holds an unencumbered paper title to the land which it uses as its right of way does not warrant the conclusion that it has a perfect ownership as defined by Article 490 of the LSA-Civil Code. On the contrary, by the very nature of the business in which it engages, [169]*169the right of way is impressed with a public interest and is declared to be a public highway by Section 3 of Article 13 of our Constitution. Therefore, LSA-R.S. 45 :- 841 is not violative of Section 2 of Article 1 of the Constitution as the prohibition contained therein forbids only the taking of private property for public purposes without adequate compensation.

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Bluebook (online)
223 So. 2d 132, 254 La. 160, 1969 La. LEXIS 2948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kansas-city-southern-railway-co-v-louisiana-public-service-commission-la-1969.