Court of Appeals for the Eighth Circuit December 3, 1982, 82-1880 (Hayfield Northern Railroad Company, Inc. v. Chicago and North Western Transportation Company, State of Minnesota, Intervenor/appellant)

ARNOLD, Circuit Judge.

In this case we must decide whether 49 U.S.C. § 10905 (Supp. IV 1980) preempts Minnesota condemnation law when a Minnesota railroad company attempts to condemn the track and right of way of a properly abandoned rail line in order to continue rail service on that line. We conclude that it does.

I.