REP. BEN LEMAN FILES AMICUS CURIAE BRIEF
(R-Iola)
Texas Representative Ben Leman has filed an Amicus Curiae Brief or “friend of the court” letter to the Texas Supreme Court on behalf of Texas Legislators. The filing is a request for a motion for rehearing in order to protect the property rights of Texans against Texas Central's proposed high-speed rail.
The brief is requesting a review in the case of James Fredrick Miles vs. Texas Central Railroad & Infrastructure, Inc. and Integrated Texas Logistics, Inc. Leman says in the brief that the court in granting eminent domain authority to TCRI and ITL, has ignored prior actions taken by the Texas Legislature with respect to private promoters of “high-speed rail.” "Never did the Texas Constitution or the Texas Legislature intend to give such broad authority and extraordinary power to private entities, particularly those with no means to actually fund the construction of a $30 billion high-speed rail." Leman said.
Full Press Release:
AUSTIN, TX - Today, State Representative Ben Leman and other Texas Legislators filed an Amicus Curiae Letter requesting a review in the case of James Fredrick Miles v. Texas Central Railroad & Infrastructure, Inc. and Integrated Texas Logistics, Inc.|
In Texas, ownership of private property is among the most cherished rights of citizens. The use of eminent domain is expressly limited in the Texas Constitution for “public use” and may only be granted by the authority of the Texas Legislature, under conditions authorized “under law.” Neither Texas Central Railroad & Infrastructure, Inc. (TCRI), nor Integrated Texas Logistics, Inc. (ITL) meet the definition of a railroad company or an interurban electric railway company and therefore do not have the power of eminent domain under law.
In granting eminent domain authority to TCRI and ITL, the court of appeals ignored prior actions taken by the Texas Legislature with respect to private promoters of “high-speed rail.” It also ignored current laws and definitions specifically relating to private high-speed rail projects. The issues in the case are exceptional in scope and reach, and critically important to every landowner in this state. For these reasons, Rep. Ben Leman and other members of the Texas Legislature call upon the Texas Supreme Court to review this case.
"Allowing an entity to obtain eminent domain authority by merely filing papers with the Secretary of State falsely claiming to be operating a railroad or chartered to construct an interurban electric railway is not, and cannot be the law in Texas," said State Representative Ben Leman. "Never did the Texas Constitution or the Texas Legislature intend to give such broad authority and extraordinary power to private entities, particularly those with no means to actually fund the construction of a $30 billion high-speed rail."
The Texas Supreme Court has repeatedly, recently, and unanimously recognized that strong judicial protection for individual property rights is essential to freedom itself. Therefore, Texas Legislative members not only call upon the Court to once again ensure that the property rights of individual landowners are protected from the attempted abuse of eminent domain by private actors but especially when on behalf of a foreign government.
Representative Ben Leman is the State Representative of House District 13 which includes Austin, Burleson, Colorado, Fayette, Grimes, Lavaca, and Washington counties. Representative Leman serves on the House Calendars Committee, Energy Resources Committee, and the Committee on Land and Resource Management, for which he is the Vice-Chair.
Miles-Amicus Brief-Rehearing (8.4.21) (Filed)
If this was right of way for the Dallas express turnpike The politicians would be chirping like a cricket right about now! Yes I feel bad when A land owner has to sell property. But this is similar to a high tension power line, Or a pipeline, cell tower. It is not like getting your entire place condemned to build a lake, or a power plant. Most of your property will remain, perhaps it’s a thorn in the owners side and it changes things from the way they have been, but the majority of the Rail line is elevated so that livestock and wildlife can move under the structure. I would not like it either, but Not building infrastructure for the future is a total lack of common sense. Someone looses land when the railroad is built. The population of Texas is growing exponentially and roadways are not able to handle the inter city traffic. Look at 290, have you driven to Austin lately? It’s pretty unpleasant! In fact have you driven to Dallas. It’s not like it was in the 70s and 80s folks. I don’t see this problem getting better, people need to be able to travel unless you’re planning to stay home indefinitely. If we’re going to compete Financially we have to be able To compete with the major industrial countries. Transportation there’s one thing we have to address. I tend to favor allowing companies the latitude to do major projects. Turn it over to the government they cost three times as much and takes five times as long to do a similar project
We pray with all of our might that this proposed high speed rail PASSES AND IS CONSTRUCTED! We do see it as PROGRESS. Unfortunately there are those unwilling to accept it. Well, I guess amid all of the gentrification, gerrymandering and “quid pro quo” that is part of business as usual for our nation’s communities, it all comes down to whose property is taken in eminent domain. Too bad the Native Americans did not have such options at their disposal. I cannot wait to ride the train to Dallas! Everybody profits when there is progress that aids the community at large. The high speed rail is progress. I did not know that Ben Leman was a psychic. He knows what was meant by those who originally drafted the Texas Constitution (regarding high speed rail). I am amazed!
This doesn’t affect Brenham and I haven’t got a dog in this fight, but I feel for those that do. Rep. Leman’s contention seems to be that the railroad can’t acquire its right of way because it isn’t a railroad yet. However well intentioned, though he’s demonstrating responsiveness to the desires of his constituents, and although he is doing so exhaustively and I cannot find it in me to fault him for that, my layman’s opinion is that his assertion is untenable. He cites a statute, Texas Transportation Code 112.053. Here’s a copy and paste of what the first part of it actually says, which directly and immediately addresses his point about eminent domain used in the incorporation of a railroad in plain language: Sec. 112.053. CONDEMNATION OF PROPERTY: WHEN RAILROAD COMPANY AND OWNER DISAGREE. (a) A railroad company may acquire property by condemnation if the company cannot agree with the owner for the purchase of the property and the property is required for any of the following purposes: (1) the incorporation of the railroad; (2) …
It is pointless. They know it, but their supporters will fall for it, again. Can you imagine 2here this country would be if all land owners refused land to railroads in the 19th century? It is what it is.