Eminent Domain vs. Landowners Rights will be debated this Session
Texas Insider Report: AUSTIN Texas After the corporation that wants to build a high-speed rail line between Dallas and Houston was denied the right to use Eminent Domain" to acquire the land it needs by a Leon County judge earlier this year which is currently owned by private Texas landowners State Rep. Ben Leman has filed three separate bills designed to clarify the oversight restrictions that apply in such situations.
And while filing the legislation Leman a former Grimes County judge said that if such a project is built it should only be done so in a way that is transparent and that ensures the proper balance between the use of eminent domain and a private property owners land rights."
In no way shape or form should a private entity that has now been determined to not be a railroad with the power of eminent domain by a court at law be able to continue to falsely claim to have the power of eminent domain" Leman said.
Additionally said entity should not be able to terrorize and threaten 100s if not 1000s of landowners under that false pretense."
But contrary to Rep. Lemans statements Texas Central Railway said in a press release responding to Lemans legislation that it is a railroad company."
None of these bills expands economic development creates jobs attracts investments in Texas or strengthens land-owner property rights. These bills are unnecessary and some could jeopardize the safety of the system.
Texas Central continues to work with the Legislature to address all concerns and it remains committed to deploying the worlds safest high-speed train technology in Texas without state money or federal grants."
The Leon County ruling earlier this year came after a Leon County couple sued Texas Central Railway in order to prevent it from surveying their land.
The ruling denied Texas Central Railway the eminent domain powers it sought saying the organization is not actually a government entity which is required in such instances.
- Lemans House Bill 1987 seeks to clarify the reporting requirements for eminent domain authority.
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House Bill 1988 would require rail tracks to be elevated to a height of at least 40 feet in order to allow movement of pedestrian & vehicular traffic.
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House Bill 1989 would require County Commissioners in Texas to give approval before any such proposed county road alterations could move forward in construction.
While Texas Central Railway maintains that state law grants it the right to use eminent domain though the company says it prefers to reach sales agreements with landowners to acquire the parcels it needs for construction of the project those who oppose Texas Centrals plan say that because the entity was not incorporated as a Texas government organization it lacks the authority required to use eminent domain to condemn land which is required prior to government taking the property.
As proposed the bullet train is to be built on elevated viaducts and berms using Japans Shinkansen technology. It would transport passengers between Dallas and Houston in 90 minutes with the only planned stop being in Grimes County.
And despite the Leon County court decision denying Texas Centrals status as a railroad the company says it will appeal that ruling.
The debate is also ongoing in several additional court cases.
