Category Archives: railways

Legal TREND. Railroads and Eminent Domain in Texas.

Which side is singing praises of a court order? Opponents to high speed rail

What is the court order? A district court order states that two companies, concerning high speed rail, “are not a railroad or interurban electric company.” The order applies to 3 counties.

Why does this matter? The power to condemn property with eminent domain is derived from the status as a railroad.

Why does the power of eminent domain matter? In addition to land aquisition, it also allows the company onto land to…

Lege Trend. 2 Limits on Pre-condemnation Access in Texas

HB 1242 (TX | 2019) prohibits pre-condemnation access for high speed rail unless TXDOT determines that the entity seeking access is a railroad.

HB 1245 (TX | 2019) will grant:

  • landowners the ability to refuse pre-condemnation access
  • allow recoup of damages during surveying
  • landowners can negotiate terms of surveying

Lufkin Daily News | ASHBY: Legislative work begins in earnest

2019 Texas Legislature Eminent Domain Playing Field. Who is Where & What are all these Associations?

The 2 umbrella assocaitions in the bruhaha:

  • Texans for Property Rights “dedicated to protecting property rights”
    • Texas Farm Bureau
    • Texas Assoc. of Realtors
    • Texas Wildlife Association
    • Texas & Southwestern Cattle Raisers Assoc.
    • TWITTER  (October 2016)
  • Coalition for Critical Infrastructure ” help maintain Texas’ positive business climate and quality of life by addressing our growing need for roads and highways; oil, natural gas and water pipelines; electric transmission and…

Campaign TREND. Regulatory TREND. High Speed Rail + Amtrak = Eminent Domain?

Background: 

  • 2016 Surface Transportation Board did not authorize eminent domain for Texas Central Rail proposed high speed rail between Dallas and Houston
  • A 2018 partnership with Amtrak triggered a request for reconsideration of the 2016 eminent domain issue

Campaign TREND.

  • HD 8 primary run-off candidate Cody Harris says the following about eminent domain use and high speed rail:
    • “dishonest and deceitful scheme by Texas Central”
    • “attack on rural property rights”
    • ” transparent assault on…

3 Ways Eminent Domain Could Re-Shape the Nation's 4th Largest City

The 3 pending eminent domain issues that could reshape land use in Houston, Texas:

  • Hurricane Harvey.  The city’s of eminent domain to re-purchase flood plain areas
  • High Speed Rail. Whether Central Texas Rail will be authorized to use eminent domain to obtian lands for its rail and stations.
  • Roads. Always, roads. More people = new roads and expanded roads.

Local Government TREND. +1 County Moves to Block High Speed Rail Eminent Domain

The County: Madison County Texas

The high speed rail project: Texas Central Partners’ Dallas to Houston High Speed Rail

What action did Madison County take to block any high speed rail eminent domain use in Texas?

  • county intends to maintain the roads for the use intended, and no other use

Madisonville Meteor | County takes stand on railway

5 Big Property Rights & Eminent Domain Cases in Texas. Foreshadowing 2019.

An economic development and private property rights tie?

During discussion of a Navarro County, TX resolution designed to protect private property rights, the Economic Development director asked this question:

  • whether an economic impact study on the communities to be affected by the railway?

The response: No, such an economic impact study had not been undertaken. 

A clarification: An economic impact study, which was released in October 2015, that showed every county touched by the project — rural and urban could receive significant, long-term tax…

3 Points from Resolution 102-2018 of the Navarro County TX Commissioners Court Protecting Private Property Rights.

Resolution 102-2018 of the Navarro County Commissioners Court seeks to protect private property rights from a high speed rail project by:

  • not to closing, nor relocating, any roads for Texas Central Railroad
  • no railway company has the authority to close roads, and “TCR is not a railway company”
  • the county will “decline to close ANY road for route for any railway or non-railway company.”

Mass Transit| TX: Commissioners Deny TCR Access — No County Roads Will Close