Virginia court rules for Norfolk Southern in case over broadband installation

Virginia’s Supreme Court has ruled in favor of Norfolk Southern in a fight over broadband companies’ ability to build across rail lines. The court found that a 2023 law allowing broadband companies to “take railroad property for nonpublic use” violates a provision in the state constitution and a separate state law addressing eminent domain. Cox Communications had attempted to use the law to cross NS property in eastern Virginia. The 2023 law caps the fees the railroad could charge broadband companies at $2,000 per crossing, plus a $5,000 reimbursement for railroad expenses, and designates the State Corporation Commission to address disputes. When NS attempted to charge Cox more than that, the cable company told the railroad it planned to go ahead without entering into an agreement. NS asked the commission for relief, but the commission rejected the railroad’s arguments without a hearing, saying NS had failed to establish an undue hardship. NS then appealed to the state Supreme Court.