Skidmore v. Norfolk Southern Railway Co, No. 19-2482 (4th Cir. 2021)Annotate this Case
Skidmore’s West Virginia home sits 70-80 feet west of Norfolk’s railroad track, across Loop Creek. In 2001, Norfolk installed a culvert to drain surface water from its tracks into Loop Creek near Skidmore’s home. According to Skidmore, the water streaming from the culvert caused soil erosion and threatened the foundation of her home. Skidmore sued Norfolk in state court, alleging negligence, private nuisance, and trespass.
Norfolk obtained a survey and deeds revealing that, in 1903, Norfolk obtained a right of way extending across Loop Creek, over part of the land on the other side. Part of Skidmore’s house sits atop the land over which the right of way runs. Norfolk asserted an affirmative defense that Skidmore lacked standing because she had no right to exclude Norfolk from the land. Skidmore amended her complaint to add claims for adverse possession and prescriptive easement (quiet title claims). Norfolk removed the case to federal court, arguing that the Interstate Commerce Commission Termination Act completely preempts the quiet title claims. The district court dismissed for lack of subject matter jurisdiction.
The Fourth Circuit vacated. While 49 U.S.C. 10501(b) “entirely displaces” Skidmore’s quiet title claims, a conclusion that complete preemption applies means that the court has jurisdiction over ostensibly state-law claims. On remand, the court must convert Skidmore’s quiet title claims into claims under the Termination Act and may permit Skidmore to amend her complaint to clarify the scope of her Termination Act claims.