Intermodal terminals, which will include both private use and public transportation, are being built all over the country. Upsetting the apple cart of the validity of eminent domain for intermodal is very difficult. Ted Mohn’s discussion about the Cumberland acquisition of J.P. Electric defines why something far more than intermodal is involved. Yet, courts are likely to find the taking is a public use if so defined as the real purpose of the acquisition.
Now that negotiations with representatives of J.P. Electric are all but over it appears a Jury will decide the legality of city council's condemnation action, and if condemned, the jury will determine a dollar amount tax payers will have to pay for the J.P. Electric property.
The crux of this court case could possibly hinge on if the city council's condemnation of J.P. Electric is truly needed for public use. Depending on how lenient the judge is during arguments this case might even broach the subject of "if" the J.P. Electric property is even needed for a new Transit Center.