REP. BEN LEMAN FILES AMICUS CURIAE BRIEF

  

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)