• About
    • Justin Hodge
    • Luke Ellis
  • Contact Us
  • Eminent Domain FAQs
  • Resources
    • Fair Market Value Considerations
    • Highest and Best Use
    • Highway Expansions
    • Pipelines
    • Power Lines
    • Water Rights
    • What is Eminent Domain?
  • Sitemap
  • Thank You

Texas Condemnation

~ Texas Eminent Domain Explained

Texas Condemnation

Tag Archives: SB 1601

High-Speed Train Between Houston and Dallas May Not Come So Fast

11 Saturday Apr 2015

Posted by texascondemnation in Dallas, Houston, Politics, Property Rights, texas condemnation, texas condemnation lawyer, texas eminent domain

≈ 3 Comments

Tags

Attorneys, Austin eminent domain lawyer, Condemnation, Congress, Dallas, debate, Eminent Domain, High-Speed Rail, Houston, Houston condemnation, Houston eminent domain lawyer, politics, SB 1601, Texas, texas eminent domain, Texas eminent domain lawyer

The anticipated high-speed passenger rail line that would travel between Houston and Dallas may not come to fruition if the Texas Senate passes a bill proposed to limit the eminent-domain powers of companies that own such lines.

The proposed bill, initiated by Senator Lois Kolkhorst, R – Brenham, defines a high-speed rails as an “intercity passenger rail service that is reasonably expected to reach speeds of at least 110 miles per hour” and excludes companies that own such rail systems from exercising the power of eminent domain for those projects. The Texas Senate Transportation Committee voted Senate Bill 1601 out of committee on April 8, according to The Texas Tribune.

Texas Central High-Speed Railway, the private company developing the $12 billion train line, has maintained that it has private funding for the entirety of the project and would be able to compensate landowners for the property needed to complete the project more than the government typically can during condemnation.

“We have the ability to pay more because it’s not taxpayer dollars,” Texas Central President Robert Eckels said. “We, in fact, can pay more as a private company and expect that we will be paying more.”

Proponents of the proposed bill argue that the private company should not have the authority to use eminent domain for its own profits.

“Eminent domain is probably the most horrific power that the government has, and to dole that out to individual companies that can misuse that or use it for projects that result in profits, we have to be very careful about doing that,” said Senator Bob Hall, R – Edgewood.

Representatives of Texas Central, however, feel that the company is being singled out as hundreds of private firms are currently authorized to use eminent domain in Texas, according to the Texas Tribune.

“All that we ask is that this train be treated like any other private train in Texas,” said Richard Lawless, Texas Central chairman and CEO. “It does not seem fair to us that this train should be prohibited in Texas just because it goes faster than other trains.”

While the state government may not authorize the use of eminent domain to develop this project, Texas Central has proposed its route to the Federal Railroad Administration.

“Quite honestly, I’d rather do this as a Texas project,” Eckels said.

The train is expected to travel to Dallas from Houston in less than 90 minutes, making one stop in College Station. The company hopes to complete the project by 2021, but a few legislative road blocks may slow its progress.

Read the proposed SB 1601 here.

Co-authored by Justin Hodge and Ayla Syed.

If you have any questions about this article, please feel free to contact Justin Hodge at jhodge@jmehlaw.com

Share this:

  • Facebook
  • LinkedIn
  • Email
  • Twitter

Like this:

Like Loading...

Stay up to date with Justin and Luke

texascondemnation

texascondemnation

Luke Ellis and Justin Hodge are partners with Marrs Ellis & Hodge LLP. Justin heads the firm's eminent domain practice in the Houston office. Luke heads the firm's eminent domain practice in the Austin office. Luke Ellis is widely recognized as one of Texas’s top young lawyers—and one of the top lawyers of any age practicing in the area of eminent domain. Mr. Ellis has broad experience and has enjoyed success in many types of civil litigation. Justin Hodge is a trial lawyer who represents Texas landowners in condemnation, eminent-domain, and real-estate lawsuits. He represents landowners in condemnation proceedings, not the governmental authorities or private companies taking property. Mr. Hodge has handled complex condemnation and eminent-domain cases throughout the State of Texas. If you have questions about any of the issues raised in this blog, we invite you to discuss them with us at jhodge@mehlaw.com or lellis@mehlaw.com.

Personal Links

  • Marrs Ellis & Hodge LLP

View Full Profile →

RSS TexasCondemnation

  • Jacob Merkord on Fox 7 Austin News Regarding Matterhorn Pipeline in Williamson County, Texas August 3, 2022
    Jacob Merkord, Marrs Ellis & Hodge LLP partner, was interviewed on Fox 7 Austin news regarding the upcoming Matterhorn Pipeline …Continue reading →
    texascondemnation
  • Luke Ellis Interviewed on KXAN-NBC News Austin Regarding Matterhorn Pipeline Project July 13, 2022
    Luke Ellis, Marrs Ellis & Hodge LLP partner, was interviewed on KXAN-NBC news in Austin regarding the upcoming Matterhorn pipeline …Continue reading →
    texascondemnation
  • Watch Justin Hodge on Fox26 News – Texas Supreme Court Approves Eminent Domain for High Speed Train Between Houston and Dallas June 30, 2022
    Justin Hodge was interviewed on Fox26 news about the Texas Supreme Court’s recent approval of eminent domain for the high …Continue reading →
    texascondemnation
  • ALI CLE Eminent Domain Conference – Scottsdale, Arizona January 28, 2022
    Justin Hodge with Marrs Ellis and Hodge presented at the 2022 ALI CLE Eminent Domain Conference in Scottsdale, Arizona. You …Continue reading →
    texascondemnation
  • Brazoria County Bar Association – Eminent Domain Presentation January 20, 2022
    Justin Hodge, Kyle Baum, and Kyle Hlavinka presented on eminent domain at the January 2022 Brazoria County Bar Association luncheon. …Continue reading →
    texascondemnation
  • Oral Arguments Held in Tropical Storm Harvey Downstream Flooding Cases January 13, 2022
    On January 12, 2022, the United States Court of Appeals for the Federal Circuit heard Milton v. United States (The Tropical Storm …Continue reading →
    texascondemnation
  • Law360 – High Speed Rail Showdown In Texas January 4, 2022
    Emma Whitford, with Law360, wrote a terrific article entitled “3 Real Estate Cases to Watch in 2022.” As part of …Continue reading →
    texascondemnation
  • Groups File Complaint With FHWA Against TxDOT on I-45 Project in Houston, Texas. December 18, 2021
    Alliance Houston, Stop TxDOT I-45, LINK Houston, Texas Appleseed, and Texas Housers filed a complaint on Thursday, December 16, 2021 …Continue reading →
    texascondemnation
  • High Speed Train from San Antonio to Monterrey – TxDOT and Mexico Study Concept December 11, 2021
    TxDOT and Mexico both recently conducted studies connecting San Antonio, Texas to Monterrey, Mexico. Another high-speed train project is also …Continue reading →
    texascondemnation
  • TxDOT I-45 Project is Allowed to Proceed December 3, 2021
    Despite months of delay, the Federal Highway Administration announced that TxDOT is allowed to proceed with portions of the I-45 …Continue reading →
    texascondemnation

Follow Our Blog via Email

Enter your email address to follow this blog and receive notifications of new posts by email.

Twitter Updates

Error: Twitter did not respond. Please wait a few minutes and refresh this page.

Twitter Updates

  • With the #Keystone decision looming, will the President propose a quid pro quo? wp.me/p2D4PK-3i via @JustinAHodge #Obama #Pipelines 9 years ago
  • City of #Austin may pay Whittington $14.1 million for downtown block wp.me/p2D4PK-3f via @JustinAHodge #TexasSupremeCourt 9 years ago
  • Court rules #EPA can withdraw mining permits wp.me/s2D4PK-196 via @JustinAHodge #Coal #Pollution 9 years ago
Follow @TXCondemnation

Twitter Updates

  • With the #Keystone decision looming, will the President propose a quid pro quo? wp.me/p2D4PK-3i via @JustinAHodge #Obama #Pipelines 9 years ago
  • City of #Austin may pay Whittington $14.1 million for downtown block wp.me/p2D4PK-3f via @JustinAHodge #TexasSupremeCourt 9 years ago
  • Court rules #EPA can withdraw mining permits wp.me/s2D4PK-196 via @JustinAHodge #Coal #Pollution 9 years ago
Follow @JMEHLaw

TexasCondemnation

  • RSS - Posts
  • RSS - Comments

Pages

  • About
    • Justin Hodge
    • Luke Ellis
  • Contact Us
  • Eminent Domain FAQs
  • Resources
    • Fair Market Value Considerations
    • Highest and Best Use
    • Highway Expansions
    • Pipelines
    • Power Lines
    • Water Rights
    • What is Eminent Domain?
  • Sitemap
  • Thank You

Powered by WordPress.com.

 

Loading Comments...
 

    %d bloggers like this: