TX High-Speed Rail Eminent Domain Appeal

## High-Speed Rail’s Eminent Domain Battle Reignites as Counties Seek Supreme Court Reconsideration

**AUSTIN, TX** – The controversial proposal for a high-speed train connecting Dallas and Houston has hit another legal snag, as two Texas counties formally asked the state’s highest court to reconsider its pivotal ruling on eminent domain. This latest appeal, filed on February 28, 2024, by representatives for Leon County and Waller County, seeks to re-open the debate over whether Texas Central Railway, a private company, possesses the power to seize private land for its ambitious bullet train project.

The move comes just months after the Texas Supreme Court handed down a significant victory to Texas Central in November 2023. In that ruling, the court affirmed the company’s long-contested right to utilize eminent domain, the governmental power to acquire private property for public use, even if the owner doesn’t want to sell. That decision was seen as a major hurdle cleared for the privately funded venture, which aims to transport passengers between the two major Texas cities in approximately 90 minutes, traveling at speeds exceeding 200 miles per hour.

However, the legal battle, which has spanned years, is far from over. The new appeal directly challenges the November decision, urging the Supreme Court to take another look at its interpretation of state law regarding common carriers and eminent domain.

At the heart of the protracted legal fight is the lawsuit brought by James F. Miles, a landowner in Leon County. Miles and a coalition of property rights advocates have steadfastly argued that a private entity like Texas Central, which is not a publicly funded government project, should not be afforded the state’s powerful eminent domain authority. Their contention centers on the definition of “public use” and whether a private, for-profit enterprise qualifies under that definition for the purposes of land acquisition.

Texas Central has consistently maintained that it qualifies as a railroad and a common carrier under Texas law, therefore granting it eminent domain powers essential to build the 240-mile line. Proponents of the project argue that a high-speed rail link would alleviate congestion on Interstate 45, foster economic growth, and offer a much-needed alternative transportation option for a rapidly growing state.

For landowners along the proposed route, particularly those in rural counties between Dallas and Houston, the project has been a source of anxiety and frustration. Many worry about the impact on their farms, ranches, and family legacies, feeling that their private property rights are being threatened by a corporate interest. The legal back-and-forth has created a climate of uncertainty for these property owners, who have been at the forefront of the opposition.

The latest appeal means the legal spotlight is back on the Texas Supreme Court. The court will now decide whether to grant the request for reconsideration. Should they agree to re-examine the case, it could significantly prolong the legal process and potentially alter the landscape for the entire project. If the court denies the appeal, the November 2023 ruling would stand, providing Texas Central with clearer legal grounds to pursue land acquisitions.

Regardless of the court’s next move, the fight over specific land rights, and by extension, the viability of the entire Texas high-speed rail project, remains very much in play.