Texas Supreme Court affirms eminent domain for High Speed Rail

Jul. 23—The Texas Supreme Court recently affirmed in a 5-3 decision that Texas Central has the right to exercise eminent domain power in building the proposed high speed rail from Dallas to Houston.

The company has plans to build a high-speed passenger train connecting the two cities by less than 90 minutes, with a proposed stop in Grimes County, between College Station and Huntsville.

The ruling stemmed from a 2015 case filed after Texas Central announced its plans to construct the high-speed rail and subsequently sent Leon County landowner James Miles a packet including project details, an outline of the survey process, an invitation to open house meetings, and a survey permission form.

Miles refused to grant Texas Central access to his land. He filed suit seeking a declaration that the survey permission form exceeded certain provisions in the Texas Transportation Code.

He argued that the company did not meet the statutory definition of a "railroad company" or an "interurban electric railway."

Texas Central sought its own declaratory judgment that it was a "railroad company" and an "interurban electric railway" under the Texas Transportation Code with the right to conduct survey examinations.

In the case of Miles v. Texas Central Railroad & Infrastructure, Inc., the trial court sided with Miles, declaring that neither Texas Central or Integrated Texas Logistics, formed in 2017 to construct and operate the rails lines, were "railroad companies" or "interurban electric railways."

Texas Central and ITL appealed and the Thirteenth Court of Appeals reversed the ruling, finding that both were "railroad companies" and "interurban electric railways," giving them the right to use eminent domain power.

Miles sought review from the Texas Supreme Court, which ultimately upheld the appeals court's ruling.

"Texas Central has made significant strides in the project over the last several years and we are moving forward on a path that we believe will ensure the project's successful development," stated a press release from Texas Central. "We look forward to being able to say more about this at an appropriate time in the near future."

State Rep. Cody Harris has long been a critic of the proposed project. The Palestine Republican who represents the Eighth Texas House District, including Navarro County, said that he was "disappointed," and "disagreed with the Court's decision."

"It's pure spin and what we've come to expect from Texas Central," he said.

According to Harris, Texas Central recently saw its Board of Directors disband, as well as the resignation of the company's CEO.

"Just because it looks like the High-Speed Rail project is dead, I am not going to take my boot off its neck," he said. "I am still going to push for legislation to protect the property rights of land owners in Texas."

Harris said he considers the project a "significant national security threat and a misuse of eminent domain."

Another outspoken opponent of the project is Congressman Jake Ellzey, who represents Texas' Sixth District including Tarrant, Ellis, and Navarro counties.

"The recent Texas Supreme Court ruling involving Texas Central showed us that we must take action to protect the American landowner. The CEO resigned, the company has all but dissolved, and they have failed to secure both state and federal grants. But we cannot let up," Ellzey said.

"I will never give in when it comes to opposing private interests using eminent domain to take someone's property. I will continue to work with my colleagues in Congress to pass the High-Speed Rail Land Acquisition Assurance Act to protect the American landowner."

Ellzey and Kevin Brady (TX-8) introduced the High-Speed Rail Land Acquisition Assurance Act in January, which would require companies to acquire all the land needed to finish a high-speed rail project before construction can begin.

Megan Hempel, Mark Archibald and Michael Kormos contributed to this report.