STATE SUPREME COURT DENIES REVIEW OF HIGH-SPEED RAIL CASE
Ruling could pave the way for construction of Houston-Dallas project
Texas Central Rail says a recent State Supreme Court decision paves the way for development of the controversial high-speed rail.
The court has declined to review the case challenging whether or not Texas Central is legally recognized as a railroad company under state law.
The company says that decision will allow them to use eminent domain to develop their proposed high-speed rail project and should put an end to over five years of contentious litigation.
Texas Central CEO Carlos Aguilar said the company, “will be responsible with stakeholders, landowners, residents of the counties the train will go through.”
Peter LeCody is the president of Texas Rail Advocates. He says by denying the review, the state supreme court has affirmed that Texas Central is an actual railroad.
Texans Against High-Speed Rail, who wants to see an end to the high-speed rail project, says the decision is a slap in the face to Texas landowners and point to the fact only seven of the nine justices voted on the 4-3 ruling. One recused herself due to a conflict of interest, while another recently resigned to seek another position.
Every highway in America, including toll roads, was once a piece of farmland.
What makes an elevated railway any different?
Sure, it’s privately owned, but beyond that, it’s going to benefit more than just the ownership of Texas Central.
DTA…Don’t Trust Anyone. Especially politicians! Similar to that Senate Bill for property values. Not only is our country a joke, but our state is falling right in line too.
Here’s a thought for those that keep slamming the persons who belong to the Democratic party–all eight members who are currently on the Texas Supreme Court are Republicans, and all but the one elected justce were appointed by either Rick Perry or Greg Abbott. There seems to be a solid disconnect in the idea that the head of the Republican government in Texas repeats on a weekly basis that he is there to “keep Texans free and to give everyone their rights”, yet when this case appeared before the court, the very party that promotes individual’s rights favored big business and discounted landowners. Apparently, Big Money does talk, even in the state where “everybodys’ freedoms are important.” Now if the court was split 5-4 with five Democrats supporting the rail and four Republicans not, there would be a huge uprising, but as it is, probably no more than a whimper…
What about the eminent domain legislation Senator Kolkhorst passed in the session before last election? She said it would protect all Texas landowners from this type of issue. The Feds took land for the wall, and now a rail line since then. More empty election promises?
This is very much a slap in the face. A private company taking eminent domain of private citizens property. How does this make legal/constitutional sense?
It happens all the time, unfortunately! This is the GOP at it’s very best. Put the big $$$$ over the small guy. The toll roads were the same, That includes the stretch of money losing toll road south of Austin to I-10. All those multi billion dollar pipeline owners do the same. Go back to “W:. He had the most active Solicitor General in history. Yet that Solicitor General was not at the Supreme Court when the case in Ohio came up, (A huge developer wanted to develop a resort on the shores of Lake Erie. To do so, he would need to buy out the many retires that owned/lived in, their lake front homes. Rather than buying them out, he choose to go the cheap way, eminent domain. The same happened in Mesa Arizona when someone wanted a piece of property to build a hardware store.” Look at where they walk, NOT the talk! This entire high speed rail project was started by former GOP, Harris County Judge,, Robert Echols.
The Fifth Amendment to the US Constitution and Sec. 17 of the Texas Constitution provide for eminent domain powers. The latter was amended by the state legislature in 2009, knowing full well that high speed rail was on the radar. They had another five legislative sessions to amend it again but they did nothing. It might be useful to remember that it isn’t just one company that’s interested in eminent domain. There are also pipelines and electric transmission lines, and those are huge multi-billion-dollar concerns that keep rural property owners in a tizzy all throughout the State. There are also the contractors and engineers that do work for TXDOT and everybody else all up and down the supply chains on all of these projects, and they want their projects moving forward, not sideways. Realistically, nobody was ever going to reign in these powers. Too much money was at stake.
What a joke