Hoosier Legislature. Ups the Ante on Eminent Domain for Railroads. Read the Bill before it arrives in Texas.

Indiana’s House Bill 1260 requires railroads to demonstrate public use before proceeding with eminent domain. 

WIMS AM 1420 | H.B. 1260 co-authored by State Rep. Jim Pressel goes to Senate

Chesterton Tribune | Soliday bill would require public need prior to eminent domain taking by RRs

NW Indiana | House approves rail eminent domain changes

5 Reasons CA's High Speed Rail is 7 Years Behind Schedule. Eminent Domain is not Imminent Domain.

  • 50% over budget ($3.6 billion in excess)
  • topography- dense urban areas, soggy lands, mountains
  • acquiring land takes time- eminent domain is not imminent domain
  • sluggish environmental approvals
  • failing to unlock federal money quickly enough

National Review | TPPF’s Chueck DeVore| California’s High-Speed Rail: Slow, Expensive, and Bound for Cancellation

 

Case Study. State Moves to Limit & Expand Eminent Domain. 2 Ways it would impact roads & rail.

The State: 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…

The Conservative Arguments to Support High Speed Rail in Texas.

Texas Central Rail lays out the conservative reasons to support the proposed high speed rail between Dallas and Houston.

Witout further adieu, the conservative reasons to support high speed rail:

  • A Texas Conservative Coalition Research Institute report found eminent domain objections “misguided”
  • Texas law “provides property owners with ample protections, ensuring they will be treated fairly and compensated properly”
  • its a “market-led approach backed by private investors”
  • “full…

LOCAL TREND: +1 County Resolution Opposing Eminent Domain for High Speed Rail

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:

RESOLUTION AND ORDER

 

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…

High Speed Rail in Court. All Sides Claim Victory. Your shortcut to this chaos:

The high speed rail project: Texas Central Rail, Dallas-Houston line

The court: a Harris County Court

The issue the court was considering: precondemnation access to land by the rail

Why landowners claim victory: The request for access to the land was withdrawn

Why high speed rail claims victory:  No meaningful decision was made by the court

Houston Chronicle | High-speed rail land dispute lands in Houston court

County Judge Lists 4 Reasons High Speed Rail has High Hurdles + High Speed Rail 6 Counterpoints.

Limestone County Judge  Daniel Burkeen lists 4 reasons high speed rail isn’t foreeseable:

  • No eminent domain authority- at least not yet
  • No  environmental studies are completed
  • No land has been acquired
  • No permission to cross our county roads

Texas Central Railway’s 6 Point Repsonse:

  • County policy is anti- business
  • County policy is anti- innovation
  • County policy is anti-private investment
  • They will receive no federal subsidies
  • The Company is negotiating in good faith with…

Does A Space Port Qualify as a Public Purpose for Eminent Domain? Probably Not in this Red State.

Where: Georgia

Why does the sapce port need eminent domain? Because of the frequency of launches, land surrounding the area may need to be condemned for safety purposes.

What state law impediment exists? In 2006, Georgia amended its eminent domain laws to require a public purpose, and it’s believed space travel does not meet that standard.

WABE Atlantat’s NPR | Safety, Legal Issues Could Ground Georgia Spaceport Plans