The Courts Work while the Legislature Works. Does high speed rail have eminent domain?

  • A lawsuit from 78 year old property owner and a countersuit by Texas High Speed Rail had a hearing this week
  • What put them into court was whether the rail could have pre-condemantion access to the property to survey it
  • What kept them in court, when Texas Central Rail, had dropped other similar lawsuits, was that this lawsuit wanted Texas Central Rail to admit that it did not have eminent domain authority

No ruling yet from the Court. 

KBTX | Leon County landowner meets high speed rail…

Legal Trend. High Speed Rail. Open Records. Eminent Domain.

Opponent to Texas Central rail are seeking disclosure of Texas Central Railway’s feasibility study held by TXDOT.

What arguments do the opponents make for disclosure?

  • Disclosure should occur because the rail is using eminent domain
  • Disclosure should occur because the rail is going after taxpayer dollars

What are the arguments to protect the information from disclosure?

Texas Central Rail shouldbe granted the same privacy protections that a business would be granted.

KBTX | Texans Against…

Legal Trend: Judge Dismisses Taxi Suit Against Ride Share Law

The State: Massachusettes

Why did the taxis sue to enjoin the law? They said the statwide regualtion of ride share companies treats taxis unequally

Why did a judge throw out a taxi lawsuit? There is no equal protection issue for taxis and ride share companies. 

The legalese: The state “differentiating between TNCs and taxicabs is rationally related to a legitimate government interest in ‘fostering a diverse’ transportation-for-hire market,” 

Boston Business Journal | Uber claims ‘victory’…

5 Points to Know. County Lawsuit v. Texas High Speed Rail.

Which county filed suit? Waller County Sub-Regional Planning Commission

The suit is against: Texas Department of Transportation

Where did it file suit? Travis District Court

What claims are made? The County opposes a state law that requires it to coordinate planning on the high-speed rail, but TXDOT refused to work with the County claiming that it was ordered not to by the  Federal Rail Authority

What does the county want? Proper participation/coordination under the law

Click2…

Ride Share v. Taxis= Dogs v. Cats = Apples v. Oranges. Your Informed Intel:

  • 7th Circuit Appellate Judge Richard Posner analogized: cities license dogs but not cats. Some people are dog people. Some People are cat people. Some people like ride share. Some people like taxis.
  • Ample service differences between ride share & taxis that justify different regulations

Chicago Tribune | Appellate judge: Taxis and Ubers are dogs and cats when it comes to regulation

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

Well Known Judge Makes Case for Differences Between Uber/Lyft & Taxis

The Judge: Judge Richard Posner of the 7th Circuit of Appeals

His explanation of the differences between ride share and taxis:

  • “You think there’s nothing new about Uber? That’s absurd.”
  • Ride share is like what happened to horse and buggies when automobile taxis emerged
  • The taxi regulations are like creating a cartel

USA Today | Chicago taxi group asks appellate court to even playing field with Uber

DNA Info Downtown South Loop North River | Shakman, Judge Clash Over Differences…

Highway Signs. Bill Boards. Appellate Court Opens Doors for Advertisers.

Which Court of Appeals? 3rd Court of Appeals in Austin

What did the Court do with the Texas Highway Beautification Act? Struck down key portions of the Act, specifically Subchapters B and C

For those who love statutes: Subchapter B REGULATION OF OUTDOOR ADVERTISING GENERALLY & Subchapter C LICENSE AND PERMIT FOR OUTDOOR ADVERTISING

Why were these subchapters struck? unconstitutional content based restrictions on free speech

Houston Chronicle | Core of Texas highway sign ban…

3 Pieces Informed Intel. DMV Lawsuit by Auto Title Companies.

What‘s the lawsuit about? 8 auto title companies say the TX DMV auto title fees limits put the companies out of business

When did Texas Legislature pass a law to allow DMV to limit the fees? 2013

What’s the pro argument for private auto title processors? It will be an added cost to the counties if they begin processing all auto titles

Texas Tribune | Auto Title Companies Sue Texas DMV Over New Fee Limit