Telecommunications utility petitioned for resolution of dispute with railroad concerning utility’s request to install underground line to run parallel to train tracks in railroad’s right-of-way to provide telecommunications service to radio station.
The Public Utilities Commission entered order allowing utility to proceed with its crossing application and denied reconsideration. Railroad filed a certiorari appeal.
The Court of Appeals held that:
- Crossing fee authorized by statute governing a utility’s crossing or paralleling a railroad’s right-of-way does not violate takings clauses of Federal and State Constitutions;
- Statute was not preempted by federal Interstate Commerce Commission Termination Act (ICCTA); and
- Statute applied to utility’s proposed underground line.