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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND NATIONAL RAILROAD PASSENGER CORPORATION, Plaintiff, v. COLONIAL PIPELINE COMPANY, Defendant. * * * * * * * * * * *****

Civil No. JFM-05-2267

OPINION

Colonial Pipeline Company ("Colonial") operates pipelines along the East Coast that carry oil from Texas north to New Jersey. These include three pipelines that cross property owned by the National Railroad Passenger Corporation ("Amtrak") in Anne Arundel County, and one that crosses property owned by Amtrak in Baltimore County. This action arises out of failed negotiations to renew the license agreements under which Colonial has used and occupied Amtrak's property for its pipelines. In its complaint Amtrak asserts claims for trespass and unjust enrichment and seeks damages for Colonial's continued use of the properties without paying any license fee. Colonial has filed counterclaims in which it attempts to condemn the Amtrak properties by invoking its eminent domain power under Maryland law. Amtrak has filed a motion to dismiss the counterclaims. The motion will be granted.1

Colonial has filed with its opposition to Amtrak's motion to dismiss a motion for leave to file amended counterclaims in which Colonials seeks (1) to withdraw a claim it initially asserted that Amtrak does not have any ownership interest in the properties in question, and (2) add factual allegations regarding its condemnation claims. Although the motion to amend could

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I. Amtrak's primary contention is that

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Maryland Law