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Texas Central withdraws its land access lawsuits

Interesting.

The private developer of a planned bullet train between Dallas and Houston has withdrawn more than a dozen lawsuits against Texas landowners that sought court orders allowing the company access to private property to survey land for the 240-mile project.

Texas Central Partners officials said they are instead going to try and have an “open dialogue” with landowners about letting the company onto their land.

“We’re stepping back and going back to conversations and taking some of the heat out of our process,” said Texas Central President Tim Keith.

Texas Central Partners is developing a 240-mile bullet train line intended to transport passengers between Houston and Dallas in 90 minutes with a stop near Bryan. The company has partnered with Japanese train operator JR Central to bring its bullet train technology to Texas. The project has drawn support from officials in Houston and Dallas but opposition from communities and landowners that are expected to be near the train’s route.

In court filings, the company argued that state law allows it to enter private property to survey land that may be used for a potential route because it is a railroad. A group called Texans Against High-Speed Rail have said the company shouldn’t be considered a railroad because it doesn’t currently operate any rail lines.

In one Harris County lawsuit, attorneys for a landowner echoed that argument. A trial on the merits of those legal arguments was set for July, according to the Harris County District Clerk’s office.

Keith said Tuesday that the company was confident it would have secured a ruling in its favor. Texas Central and landowners had already settled 21 other similar legal filings. The company said the decision to withdraw the remaining suits was largely based on the fact that it’s already reached access and land-purchase options with more than 3,000 landowners.

See here and here for some background. Seems a little weird to me, but I’ll take them at their word for now. The Chron adds some details.

The company planning high-speed rail service between Houston and Dallas announced Tuesday it has reached preliminary agreements to buy property from nearly one-third of the landowners along the planned route, including half of those in two counties where vocal opposition has been strongest.

Texas Central said they have reached option agreements with owners of about 30 percent of the necessary parcels in 10 counties. The option agreements bind property owners to selling the right of way for the train, with the company paying them now for the right to purchase the land once Texas Central has final federal approvals and the funding to build the line, estimated to cost $12 billion.

“This is a significant step in the progress of the high-speed train and it reflects the positive dialogue we have had with landowners along the route,” Texas Central CEO Carlos Aguilar said in a statement. “Texans see the many benefits of a system that will provide a safe, reliable and productive alternative to the state’s transportation demands.”

Texas Central said 50 percent of the parcels needed in Waller and Grimes counties are covered by the option agreements. Landowners in the two counties have been some of the most vocally opposed to the line, which they say will ruin the rural character of the area. Many also have accused the company of heavy handed tactics negotiating with land owners.

Grimes County Judge Ben Leman, chairman of Texans Against High-Speed Rail, said the concerns with how property owners were approached should make people doubt the support Texas Central claims.

“If you are a landowner and you are sitting in your house and someone comes to your door and says they have eminent domain, or you can sign this agreement and we’ll pay 5 percent down… are you going to use eminent domain and cross your fingers,” Leman said.

[…]

[Leman] predicted the legislative session will be the “next big battleground” as the company seeks to have state lawmakers affirm some of its rights to use eminent domain, including a remedy to counties that have voted not to issue any construction permits to any entity that doesn’t have eminent domain authority, if the entity is crossing a public street.

We definitely agree on the Lege being the next battleground. I’ve got my eyes open for relevant bills. Swamplot has more.

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One Comment

  1. Eileen Sheridan says:

    My husband and I are land owners in Leon County and could be affected by the high speed rail. Have you received any indication President Trump backs the high speed rail? I certainly hope he doesn’t. Thank you.

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