ISSUES POLICY
Eminent Domain is for Public Good and not Private Gain
Private company, foreign funding, diminished property rights and values — Texas Central Railway’s proposal for high-speed rail service raises more questions than answers when it comes to improving Texas’ mobility.
By Pete Bonds, Texas and Southwestern Cattle Raisers Association president A
T TEXAS AND SOUTHWESTERN CATTLE RAISERS ASSOCIA- tion (TSCRA), we’ve heard our members’ con- cerns about the Texas Central Railway (TCR), a
project requiring the use of eminent domain to be built. TCR is a private company — supported by Central
Japan Railway Company — that is proposing to build a high-speed passenger rail line from Houston to Dal- las. It is expected to require more than 3,000 acres of right-of-way for the railway and related infrastructure. This will negatively impact the private property of landowners in Dallas, Ellis, Freestone, Grimes, Harris, Leon, Limestone, Madison, Montgomery, Navarro and Waller counties. TCR has stations slated only at the ends of the 240-
mile line. The company proposes to send at least 60 trains each day, at faster than 200 mph, through some of the best cattle country and farmland in the state. Ranchers and landowners along the proposed route
are concerned the railway will negatively affect their ability to graze and move cattle, transport equipment, and continue to effi ciently and effectively use their property. TCR has claimed they can meet the needs of every
landowner along the route; however, with their plan requiring them to build the railway on a fl at surface and straight route, it will be impossible for them to meet all the specifi c needs. The leaders and members of TSCRA understand that
various transportation options are needed to address the mobility issues of our state, but TCR is not the answer.
96 The Cattleman June 2015
This project will transport passengers only from Dallas to Houston, with no stops. Landowners and rural com- munities will have no convenient access to the line and will not benefi t in any way. Property values in proximity to the railway will be negatively impacted. With TCR being largely funded by a Japanese bank,
the long-term fi nancial security and stability of the project remains uncertain and could eventually impact Texas taxpayers. My main concern with this project is TCR’s plan to use
eminent domain to gain the land necessary to construct the massive high-speed rail. This railway project is only one example of an entity threatening to use eminent domain to take land for what they consider “public use.” Under the eminent domain process, a private company
can seize private property for public use. In my opinion, the structure for determining what is truly public use is highly questionable, and I do not believe a private com- pany should have the authority to use eminent domain just because they believe they meet the qualifi cations. There must be a transparent process for making the critical decisions to take someone’s property. Because of the statewide implications of this project,
TSCRA is opposed to the use of eminent domain by the TCR. We will support legislative and regulatory efforts that limit the authority of private high-speed passenger rail companies to use the power of eminent domain for their own profi t, while forever harming land values and stripping landowner rights.
thecattlemanmagazine.com
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