TRANSPORTATIONUPDATES Texas Supreme Court begins hearing high-speed rail eminent domain case as bill led in Congress
COMPILED BY SHAWN ARRAJJ, JISHNU NAIR & GEORGE WIEBE
ONGOING PROJECTS
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The Texas Supreme Court heard oral arguments in the rehearing of a petition against the construction of a high-speed rail line Jan. 11. The case centers on a 236-mile high-speed rail line between Houston and Dallas being planned by the company Texas Central. Filed by landowner JimMiles in 2016, the lawsuit argues Texas Central does not qualify as a railroad company under state law and therefore cannot use eminent domain to acquire land needed to construct the line. The Supreme Court initially declined to hear the case in June after an appeals court ruled Texas Central could be de ned as a railroad company. Miles petitioned for a rehearing, and the court reversed course Oct. 15 to grant a rehearing. Attorney Je rey Levinger of Dallas-based Levinger PC, represent- ing Miles, focused his arguments on whether Texas Central needed to be operating railroads to be considered a railroad company. Levinger also noted Texas Central had not applied for a permit from the Surface Trans- portation Board, a federal regulatory agency. The STB rejected a Texas Central petition for an exemption from construction approval require- ments in July 2020. Levinger argued construction approval would require the company to disclose its nances. Texas Central declined to comment on its available funds or whether it would receive federal funds from the recently passed bipartisan infrastruc- ture deal. However Marie Yeates of
Legislative U P D A T E S
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A new bill led in the U.S. Congress could thwart Texas Central’s e orts to build high-speed rail in Texas.
West University Place paving and drainage program The West University Place City Council approved design work for paving and drainage on local streets at its Dec. 13 meeting. The rst package will run along University Boulevard and will begin around the end of October. A second package along Wakeforest Av- enue, Rice Boulevard and Duke Street will begin in February 2023. Timeline: October-TBD Cost: $1.2 million Funding source: city of West Univer- sity Place
House Resolution 6365
What it does: bars construction from starting on a high-speed rail project until the operator has acquired all land needed
Status: referred to the subcommittee on Railroads, Pipelines, and Hazardous Materials on Jan. 11
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SOURCE: U.S CONGRESS COMMUNITY IMPACT NEWSPAPER
RICE UNIVERSITY
Vinson and Elkins LLC, representing the railroad, said the company had received federal funds as part of her argument that Texas Central is “not a sham.” “The question is whether we’re going to allow [landowners who do not allow property surveys] to pre- vent Texas from getting the bene t of this train,” Yeates said. Newbill led U.S. Reps. Jake Ellzey, R Waxa- hachie, and Kevin Brady, R The Woodlands, on Jan. 10 led a bill in the U.S. Congress requiring high- speed rail projects to acquire all land necessary to construct the line before beginning construction. The bill directs the STB to reject construction authorization for
high-speed rail projects longer than 10 miles that have not acquired all necessary land. In a press release, Brady said the bill would protect the rights of land- owners along planned railroads. “Many questions remain about Texas Central’s plans to build and nance this controversial high-speed rail project, and I support any nec- essary reforms that will protect the rights of landowners whose farms, ranches, and homes sit along their proposed route,” Brady said. Texas Central declined to comment on the bill. “They’ve got serious nancial issues demonstrating where they’re going to get the $18 [billion]-$30 billion needed to nish this project,” Levinger said.
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ALL INFORMATION ON THIS PAGE WAS UPDATED AS OF JAN. 31. NEWS OR QUESTIONS ABOUT THESE OR OTHER LOCAL TRANSPORTATION PROJECTS? EMAIL US AT BMWNEWS COMMUNITYIMPACT.COM. Boulevard at its Jan. 12 meeting. The project will make the corridor safer and more walkable while also improv- ing drainage and providing more space for residents. Timeline: summer 2023-TBD Status: $7.1 million Funding source: city of Houston University Boulevard paving and drainage The Houston City Council approved nal design and construction phase work on a project on University
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BELLAIRE MEYERLAND WEST UNIVERSITY EDITION • FEBRUARY 2022
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