Category Archives: eminent domain

Legal TREND. Roads. The loophole in Texas Eminent Domain Laws

The Texas Supreme Court ruled that local transportation projects are exempt from the 2005 Kelo fix to Texas eminent domain laws.

What part of the law did the Court find the exception in?

“[t]his section does not affect the authority of an entity authorized by law to take private property through the use of eminent domain for: (1) transportation projects, including, but not limited to, railroads, airports, or public roads or highways…” 

So… what are legal types saying? potentially all…

Anatomy of a State Hyperloop Project.

Hyperloops are all the rage.

Where’s this hyperloop? Missouri

What futuristic gizmo is a hyperloop? It uses “magnetic levitation to carry pods with people and goods through a low-pressure tube”

How fast would it move people and things?  from Kansas City to St. Louis in less than 30 minutes

Is the project private? Yes

Is there talk of Missouri using eminent domain? yes

Why the eminent domain? The porject needs to acquire land and the use of eminent domain was  authorized by the Missouri…

New Kid on the Block. Opposition to Texas High Speed Rail

The new kid on the block: ‘ReRoute the Route’

ReRoute the Route message:safer, smarter rail options in Texas

Who is in the coalition? land owners, elected officials and business leaders

What do they say the high speed rail route should look like?

  • endpoint closer to downtown Houston
  • follow established right-of-way such as the I-45 corridor
  • minimize eminent domain and private property concerns
  • minimize environmental impact concerns
  • alleviate safety concerns of the curved track design
  • foun…

Lege TREND. No Eminent Domain for Homes in Transportation Projects. The bill:

HB 663 (MD | 2019) prevents the use of eminent domain for:

  • state transportation projects
  • if the property is taken is residential
  • and if the project is in a public-private partnership

How did this get triggered in Maryland? The Governor’s proposed plan would include toll lanes, and this  bill was filed in response.

 

Bethesda Magazine | Governor’s Highway Widening Plan Gets Another Potential Roadblock

Refreshing Recollection. 1989 Texas High-Speed Rail Authority. The legislation. The Powers.

  •  SB1190 (TX |1989 created the Texas High-Speed Rail Authority.
  • SB1190 (TX |1989 gave the THSRA these powers:
    • eminent domain
    • 11 member panel
    • charged to determine whether high-speed rail  was in the public interest
    • award a franchise to operate a high-speed rail service to the most qualified applicant
  • HB 2390 (TX | 1995) abolished the THSRA
  • A final report from Executive Director Marc H. Burns stresses the need for state involvement:

    • “The State should retain planning and oversight…

High Speed Rail Audit in California. Biggest Cost Driver?

Not acquiring land prior to beginning construction is cited as the largest cost driver according to an audit of California’s High Speed Rail project.

Rushed construction contributed to $600 million in cost overruns in a single segment of the high spped project. 

What happens if the project fails to accelerate the project? It will be forced to repay up to $3.5 billion to the federal government

Sacramento Bee | Rushed construction cost high-speed rail $600 million and delays mount, audit finds

…

6 Opposition Points. Letter to the Editor. Texas High Speed Rail.

A person who:

  • owns property in Leon Co. 
  • is not directly impacted by Central Texas Rail 
  • has been the fundraising chair for Texans Against HSR

Opposition rational:

  • how Texas Central agents treat people
  • critically flawed Federal Railroad Administration’s Draft Environmental Impact Statement
  • bad for our natural resources
  • bad for communitites
  • no need for the project
  • no financial viability 

Navasota Examiner | Letters to the Editor – TAHSR

Regulatory TREND. Fall 2018 Opposition Arguments to Texas High Speed Rail.

Ellis County residents offered the following reasons to oppose Texas Central Rail high speed rail project:

  • local property taxes will rise because “nearby properties will be taken out of the tax base”
  • eminent domain a railroad could take a 2 mile on each side swatch of land
  • destruction of family farms
  • uncertainty  too many unknowns for the comfort level of residents
  • environmental concerns the train will cut species migration

Waxahachie Daily Light | Ellis County Residents Express new…