Railroad Crossings – The Minnesota Court of Appeals Weighs In

Event Description

Deadline to Register: November 28

Railroads and broadband providers have been engaged in a struggle over the terms, conditions and price for the installation of broadband facilities across and along railroad right of way. This struggle has played out in business negotiations, lawsuits, at the legislature and before state agencies. In an effort to clarify the rights and responsibilities of the parties, the Minnesota Legislature passed Minn. Stat. 237.045 which sets a fee of $1250 and imposes a variety of requirements on the applicant as well as time limits on the process. 

Litigation quickly ensued regarding the statute. On September 24, 2018, the Minnesota Court of Appeals issued a decision interpreting Minn. Stat. 237.045 and addressing BNSF’s claims that (1) the statute did not apply to facilities installed parallel to the railroad right of way; (2) the statute was preempted by federal law and (3) that the statute imposed an unconstitutional taking of property without just compensation.

This presentation will provide context for the Court’s decision, review its reasoning and attempt to interpret the impact it will have in the future.

Presenters:

Jason Topp | Assistant General Counsel at CenturyLink
Shannon Heim | Shareholder at Moss & Barnett

CLE Credits:

1.0 Standard CLE Credits approved | Event Code: 265880 

Cost:

Section Member:  $10
MSBA Member not in the Section:  $15
Non-MSBA Member:  $20
Law Students:  Free
Join the Communications Law Section and Attend for FREE: $27 (must call to register)

 

Remote Participation: 

Remote participation via webcast is available. Please indicate this option when registering. Instructions will be emailed to you the week day prior to the CLE.

 

Want more information about the Communications Law Section
To register with a check, please mail in this registration form.
Need to cancel? Please see our cancellation policy.
Questions? Contact Kayla Erbach | 612-278-6325

The MSBA is committed to creating an inclusive environment in which all members can participate fully. If you need reasonable accommodations to participate in this event, please notify Kayla Erbach. Please provide at least 72 hours prior to the event to allow sufficient time to make arrangements.

Register for this Event

This meeting has already occurred.

Pre-Registration is Closed

DATE
Friday, November 30, 2018
TIME

12:00 PM to 1:00 PM

VENUE
Minnesota State Bar Association
600 Nicollet Mall #380
Minneapolis, MN 55402