Emma Whitford, with Law360, wrote a terrific article entitled “3 Real Estate Cases to Watch in 2022.” As part of the 3 real estate cases to watch in 2022, she includes Texas Central Railroad & Infrastructure Inc. et al. v. James Fredrick Miles. Here is the article:
https://www.law360.com/articles/1449498/3-real-estate-cases-to-watch-in-2022
The Texas Supreme Court granted a Petition for Review on whether the Texas Central Railroad is a “railroad” and whether it qualifies as public use. The case is currently set for oral argument on January 11th. Here is link to the setting:
Justin Hodge of Marrs Ellis & Hodge LLP, who represents Texas landowners, is quoted in the Law360 article saying, “a win for the developers [Texas Central] would inevitably kick off a second contentious phase of litigation, in which owners seek just compensation for the takeover of their land. Phase two will go on for years and years and years to come.”
If you are interested in learning more about the project, here is a link to Texas Central’s website.
If you are interested in reading more about the Texas Supreme Court case, then you can read the parties briefs here:
Brief on the Merits:
Respondent’s Brief
Petitioner’s Brief
Reply Brief
If Texas Central is allowed to proceed with condemnation using the power of eminent domain, then Texas landowners should fight for just compensation, including damages caused by the train to their remaining land.