Tuesday, February 7, 2017

From the Texas Tribune: High-speed train developer withdraws lawsuits against Texas landowners

This might be pertinent to our discussion of how eminent domain is treated in the Texas Bill of Rights.

- Click here for the article.

The private developer of a planned bullet train between Dallas and Houston has withdrawn more than a dozen lawsuits against Texas landowners that sought court orders allowing the company access to private property to survey land for the 240-mile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

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