+1 County Requires Permit for Eminent Domain. Texas High Speed Rail.

The County: Freestone County

The County Commissioner vote: Unanimous

The requirements on high speed rail:

  • require permits if high speed rail crosses any Freestone County roads and/or right-of-ways
  • high speed rail must prove eminent domain

Freestone COunty Judge Grant view:  “the Surface Transportation Board states that the Federal Government lacks the authority to grant eminent domain power to Texas Central Railway”

Freestone County Times | County Adopts Budget, Sets Tax Rate,…

Western High Speed Rail. Where Are They Now?

California is building a state funded high speed rail system.

Is the project behind schedule? Yes. The 1st segment moved its completion date from March 31, 2018, to August 2019. 

What is causing the delay? Acquiring land which means Eminent Domain Delays.

How many land parcels are required for the Valley portion of the high speed rail first leg?1,590 parcels of property. 841 parcels were secured as of last week.

For 1 segment, the Fresno-Madera segment, what are the current cost…

2017 Promises. What the Right Says about Grimes County. High Speed Rail.

Empower Texas makes these points about Grimes County enacting county construction permits that will affect high speed rail:

  • Big Business is looking to profit from eminent domain
  • Rural counties oppose the project because of eminent domain
  • Rural counties will not benefit from the project
  • Texas Central Rail has assumed eminent domain authority

Empower Texas | Eminent Domain for High-speed Rail Faces Hurdle in Grimes County

LOCAL TREND. County Permits to Build Rail. 5 Legislators Comment.

Which County wants to require county permits before construction on high speed rail may begin? Grimes County, Texas

Is the proposal supported by state lawmakers? Yes. Support has been indicated by Sen. Schwertner, Rep. Schubert, Sen. Birdwell, Rep. Ashby & Sen. Kolkhorst

What would trigger a permit? Any construction crossing a county right of way

What would the application include? A requirement that the entity has state or federal authority to use eminent domain

Are other counties…

2 Reasons the Surface Transportation Board Declines Oversight of Texas Central High Speed Rail

The proposed high speed rail between Houston and Dallas will not be under the oversight of the Surface Tranportation Board because:

  • The project is completely within Texas precluding oversight by the federal Surface Transportation Board
  • Connectivity to Amtrack, the argument for federal oversight, was not persuasive

Is this decision permanement? No, if Texas Central “develop[s] concrete plans that would make the Line part of the interstate rail network…”

Houston Chronicle | Federal…

Texas Hyperloop. Yes to Royalties. No to Eminent Domain. The Informed intel:

The start up:    Transonic Transportation LLC

The rail project:   A hyperloop connecting Austin & San Antonio

The use of royalties instead of eminent domain: Instead of acquiring land, the model involves giving dividends and profit sharing to landowners

The pro-private proeprty rights angle: Since hyperloop track would be build on pylons, there is no barrier to access to land, unlike when tracks are laid on the ground.

San Antonio Business Journal | Exclusive: Making way for…

3 Experts Conservatives Say Point to Subsidies for High Speed Rail. Be Informed.

A conservative writer points to 3 “experts” to support the argument that subsidies will be involved in Texas High Speed Rail:

The Expert: Stanford University economics professor Alain Enthoven

The Subsidy angle: Eminent Domain is a subsidy

The Expert: assistant director of transportation policy for the Reason Foundation, Baruch Feigenbaum

The Subsidy angle: federal Railroad Rehabilitation and Improvement Financing (RRIF) loans are subsidies

The Exert: Gerard Llobet, associate…

2 Ways Texas Laws Can Block High Speed Rail

The questions will be first answered by Attorney General Opinion request, RQ-0113-KP, and in all likelihood later answered by the courts.

  • Is Texas Central Rail a railroad under Texas law, if it hasn’t built a railroad?
  • Does Texas law grant Texas Central Rail eminent domain authority, if it isn’t a railroad? or, if it is a railroad?

Slate | Will Texas Law Trip Up a $10 Billion High-Speed Rail Project?