RAILROAD REVITALIZATION AND REGULATORY REFORM ACT

CSX Transportation, Inc. v. Georgia State Board of Equalization

Issues

Whether 49 U.S.C. § 11501(b)(1), the federal statute that prohibits states from overtaxing railroads as compared with other commercial and industrial property within the same assessment jurisdiction, permits a railroad to challenge the method by which a  states  assesses the market value of its rail property, when that method is not irrational or intentionally discriminatory.

 

After finding that states consistently overtax railroads when compared with similar commercial and industrial property, Congress passed the Railroad Revitalization and Regulatory Reform Act of 1976 ("the 4-R Act" or "the Act"), 49 U.S.C. § 11501. The 4-R Act permits railroads to challenge a state’s tax assessment as discriminatory in federal court. CSX Transportation, Inc. challenged Georgia’s 2002 tax assessment, claiming it violated the anti-discrimination provision of the Act. The Northern District of Georgia ruled that while the Act permitted CSX Transportation, Inc. to challenge the assessment, it did not permit the railroad to challenge the methods the state used unless it could show that they were irrational or intentionally discriminatory. Agreeing with one other Circuit and affirming the District Court’s decision, the Eleventh Circuit is the fourth Court of Appeals to address the issue. In this case, the U.S. Supreme Court will determine whether a railroad may challenge a state’s methods in assessing its property value under the 4-R Act.

 

    Questions as Framed for the Court by the Parties

    Whether, under the federal statute prohibiting state tax discrimination against railroads, 49 U.S.C. § 11501(b)(1), a federal district court determining the “true market value” of railroad property must accept the valuation method chosen by the State.

    The following facts are generally derived from the Circuit Court decision in this case. CSX Transportation v. State Bd. of Equalization, 472 F.3d 1281 (11th Cir. 2006).

    Submit for publication
    0
    Subscribe to RAILROAD REVITALIZATION AND REGULATORY REFORM ACT