Norfolk Southern class action claims properties taken by eminent domain without payment

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Norfolk Southern eminent domain class action lawsuit overview: 

• Who: A group of residents and businesses from East Palestine, Ohio have filed a class action lawsuit against Norfolk Southern Railway. 
• Why: The group argue that a Feb. 3 train derailment involving a train operated by Norfolk Southern led to their property rights being violated. 
• Where: The class action lawsuit was filed in Ohio federal court. 

Norfolk Southern Railway violated the property rights of East Palestine, Ohio residents with homes and businesses within 20 miles of the site of a Feb. 3 train derailment, a new class action lawsuit alleges. 

A group made up of East Palestine residents and businesses claim the Norfolk Southern train derailment contaminated the surrounding area with hazardous chemicals and “permanently impaired” their property rights. 

“Plaintiffs have and will continue to suffer loss of use of their real property and the destruction of its fair market value; property which has been taken by the Defendants without payment of just compensation,” the Norfolk Southern class action states. 

The group argues the train derailment led to chemicals — including vinyl chloride, benzene, and butyl acrylate — spilling into the environment and presenting an “ongoing, imminent and substantial danger to public health or welfare.” 

Norfolk Southern, meanwhile, either knew or should have known the “abnormal dangers” of transporting the toxic chemicals through a populated area, the Norfolk Southern class action alleges.

“Such failure and malicious recklessness was a breach of duty resulting in substantial damages suffered by Plaintiffs,” the Norfolk Southern class action states.

EPA determines Norfolk Southern train derailment exposed residents to ‘significant health risks,’ says class action

The U.S. Environmental Protection Agency (EPA) has also determined that the train derailment event exposed residents to “significant health risks,” including death and serious impairment, according to the Norfolk Southern class action. 

The group wants to represent a class of all property owners within a 20 mile radius of the train derailment site and a class of all persons living within a 20 miles radius of the derailment site who have been harmed or “placed at unreasonable likelihood of future harm.” 

Norfolk Southern is accused of negligence and private and public nuisance, among other things, and of violating the constitutional rights of the East Palestine residents and businesses. 

Plaintiffs are demanding a jury trial and requesting declaratory and injunctive relief along with an award of punitive and/or exemplary damages for themselves and all class members. 

Earlier this month, the EPA ordered Norfolk Southern to, under its supervision, test the area around the train derailment site for toxic pollutants. 

The class action lawsuit is the latest to be filed against Norfolk Southern in the wake of the train derailment, with the railway facing additional complaints filed last month by Ohio residents arguing it bears responsibility for the incident.

Have you been affected by the Norfolk Southern train derailment? Let us know in the comments! 

The plaintiffs are represented by Zachary J. Murray of Barkan & Robon, Ltd., and Wesley D. Merillat of The Charles E. Boyk Law Offices, LLC. 
The Norfolk Southern eminent domain class action lawsuit is Irizarry, et al. v. Norfolk Southern Corporation, et al., Case No. 4:23-cv-00479, in the U.S. District Court for the Northern District of Ohio.

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