Tx Supreme Court upholds Texas Central RR eminent domain rights
June 18th, 2021
June 18, 2021 - TRA Newswire -
The Texas Supreme Court today rejected the action presented by a landowner against Texas Central Railways' right to use eminent domain.
This decision firmly establishes that Texas Central is both a railroad per Texas law and an interurban electric railway.
With anti-high speed rail legislation killed during the Legislative session and this news, Texas Central said they can now effectively start purchasing land for their 240 mile long high-speed rail project between Dallas and Houston.
Texas Central issued this statement: “This morning, the Texas Supreme Court declined to hear the case that had challenged Texas Central’s authority to use eminent domain to build the high-speed train between Houston and Dallas. The Supreme Court refused to review a Texas Court of Appeals decision from last year, in which the Court of Appeals concluded that Texas Central qualifies as an entity entitled to use survey and eminent domain authority under the Texas Transportation Code. The Court’s denial of review should put an end to over five years of contentious litigation and clear the path for Texas Central to bring the high-speed train to Texas.”
The plaintiffs in the case—James Miles v. Texas Central—had previously been turned down on May 7, 2020 when the Texas 13th Court of Appeals determined Texas Central would be legally recognized as a railroad company in the state of Texas. Miles then filed with the Texas Supreme Court. The docket was Case Number 20-0393.
The Texas Supreme Court today rejected the action presented by a landowner against Texas Central Railways' right to use eminent domain.
This decision firmly establishes that Texas Central is both a railroad per Texas law and an interurban electric railway.
With anti-high speed rail legislation killed during the Legislative session and this news, Texas Central said they can now effectively start purchasing land for their 240 mile long high-speed rail project between Dallas and Houston.
Texas Central issued this statement: “This morning, the Texas Supreme Court declined to hear the case that had challenged Texas Central’s authority to use eminent domain to build the high-speed train between Houston and Dallas. The Supreme Court refused to review a Texas Court of Appeals decision from last year, in which the Court of Appeals concluded that Texas Central qualifies as an entity entitled to use survey and eminent domain authority under the Texas Transportation Code. The Court’s denial of review should put an end to over five years of contentious litigation and clear the path for Texas Central to bring the high-speed train to Texas.”
The plaintiffs in the case—James Miles v. Texas Central—had previously been turned down on May 7, 2020 when the Texas 13th Court of Appeals determined Texas Central would be legally recognized as a railroad company in the state of Texas. Miles then filed with the Texas Supreme Court. The docket was Case Number 20-0393.