Railroad accuses property owner of installing pipelines on its land

By Andrea Dearden | Aug 8, 2013

A railroad company accuses a Madison County property owner of trespass for allegedly installing pipelines on railway-owned land without permission.

Norfolk Southern Railway Company filed a lawsuit on July 25 in Madison County Circuit Court against Omega Partners Hartford LLC.

Omega Partners Hartford LLC own property on South Delmar Avenue in Hartford. According to the complaint, some time between March and July, Omega installed a cased pipeline under Norfolk Southern's property which is adjacent to the east side of the South Delmar Avenue land. Norfolk Southern says it owns the land and did not give Omega permission to install the pipeline under its rail line.

Norfolk Southern contends Omega is wrongfully possessing the property upon which the cased pipeline is installed. The company says Omega has refused to remove the pipelines resulting in "continuous trespass" on the South Delmar Avenue land.

"The balance of physical and economic harm Norfolk Southern is suffering outweighs the balance of harm that would be incurred by Omega if it were ordered to remove its cased pipeline from Norfolk Southern's property," the lawsuit reads.

Norfolk Southern accuses Omega of trespass and ejectment. The company requests an order of possession or order mandating Omega to remove the cased pipeline from Norfolk's property. The company also requests the defendants be ordered to pay damages in excess of $50,000.

Attorney Kurt E. Reitz of Thomas Coburn LLC in Belleville represents Norfolk Southern. They demand a jury trial.

Madison County Circuit Court Case No. 13-L-1234

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