Off the Kuff Rotating Header Image

Grimes County takes its own steps against Texas Central

Another day, another obstacle.

In a rebuke of a private firm’s plans to build a bullet train between Houston and Dallas, local officials in rural southeastern Texas moved Tuesday to restrict high-speed rail development in their corner of the state.

Grimes County commissioners voted unanimously to require high-speed rail developers to acquire a permit and provide sufficient proof of eminent domain authority before building a rail line over county roads, according to Ben Leman, the Grimes County judge.

[…]

On Tuesday, Texas Central released statements repeating that argument and affirming that “this high-speed rail project will continue, working closely with local governments to make this project a success for each community it will serve.”

“Texas statutes, as interpreted by courts and not county governments, have long granted eminent domain authority to railroads such as Texas Central, pipeline companies, electric power companies and other industries that provide the infrastructure necessary to serve the public efficiently and enjoy a healthy economy,” the company said in a statement.

The statement also criticized the Grimes Commissioners Court decision as “another delaying tactic.”

Leman, who previously filed a petition in opposition to the project, remains skeptical. The local measure will “clarify if they have eminent domain or not,” he said. “They claim to have it, or they publicly say they have it, but they’ve never demonstrated any proof of it in any court or any other entity.”

On the one hand, I understand why rural counties like Grimes hate this project. The trains will just pass through, they’re not getting any benefit from it, and they have no reason to trust any assurances that Texas Central will use eminent domain as little as possible. On the other hand, I want to scream “Will we ever be able to do anything other than build roads in this state?” in frustration. I see this project as being beneficial and necessary for the state, and it will only get more expensive to build the longer we wait. I know, it’s easy for me to say when someone else is being asked to take one for the team, but what do you want from my life?

Anyway. Either Texas Central will survive the various challenges to its ability to use eminent domain or it won’t. In either outcome, Grimes County’s actions here likely won’t matter. It’s just another step in the process.

UPDATE: Here’s a statement from TCR in response to this action, which disputes my claim that Grimes County will not see benefit from the project; they have also published this one-page overview of what Grimes County will get out of the railroad. Finally, here’s their statement on eminent domain.

Related Posts:

One Comment

  1. mollusk says:

    “Show me your eminent domain authority” is even more ignorant than “show me the long form birth certificate,” particularly when coming from a county government official (who presumably would have at least some familiarity with the concept, and if not, ready access to the County Attorney who certainly should).

    About halfway through typing in the second word, one of the Google suggestions was “Texas eminent domain authority.” The first two hits for that search are the chapters of the Government Code and Property Code that govern eminent domain.

    Sheez.