Welcome to the Future!
A legislator coalition joined forces to limit eminent domain for high speed rail. Who is involved?
Which eminent domain issues are being addressed?
The Company: Texas Central Rail
The lawsuits: 12+ lawsuits concerning eminent domain, and specifically pre-condemnation access to the privately held land
The strategic advantage of withdrawing the laawsuits: amicable negotiations
The trend being emulated: Private companies promoting negotiations without eminent domain
Dallas Morning News | Bullet Train Developer Drops Lawsuits against Landowners (References the Schwertner bills, SB 626-629)
Indiana joins the list of states where private property activists say that railroad eminent domain statutes haven’t been updated since the 19th Century.
K99.3 | Pressel-Sponsored Eminent Domain Bill Passes House
North Carolina Legislature is considering HB 10 which would extend the authority of eminent domain by allowing it to connect customers. The bill’s language:
“Connection of Customers. – For the public use, private condemnors, local public condemnors, and other public condemnors in subsections (a), (b), (b1), and (c) of this section shall possess the power of eminent domain and may acquire by purchase, gift, or condemnation any property for the connection of any customer or customers.”
At the…
The state: Indiana
The new eminent domain threshold proposed for railroads: Require railroads in Indiana to meet the same public use standard of local governmental entities as opposed to public use being met because land is condemned by a railroad.
Indiana House Bill 1260 (2017)
Nothwest Indiana | Lawmakers eye higher standards for railroad use of eminent domain
In December, informed:intel subscribers will recall a Texas Conservative Coalition report supporting existing eminent domain statutes & high speed rail from Houston to Dallas.
The New Year brings, new conservative voices making 3 arguments against the report via Texas Tribune :
The competing timelines:
The brewing issues:
What entity lists eminent domain as a legislative priority? Empower Texas
What 3 points do they point to as requiring eminent domain reform:
The train route: The Great Lakes Basin Railroad
The homestate for legislators wanting to stop eminent domain for the train: Wisconsin
The method to stop the train: End eminent domain for all private entities
Northern Public Radio | Beloit-Area State Lawmakers Try To Stop A Train By Changing State Law
Add Montgomery County to the list of counties that oppose eminent domain for proposed high speed rail from Houston to Dallas.
The vote: unanimous
The common theme among commissioners: An opposition to a private company seizing private property.
The resolution:
WHEREAS, Montgomery County finds that any high-speed rail lines and facilities crossing county roads is not desirable; and
WHEREAS, Montgomery County values the protection of real property rights…