high-speed railway from Houston to Dallas Fort/Worth currently in development by Texas Central
Railway and Texas Central Partners has introduced several concerns regarding
eminent domain. The train, an updated version of the Tokaido Shinkansen already in service
in Japan, would allow commuters to travel from Dallas to Houston in as
little as 90 minutes. Despite the luxury that this project would bring,
property owners whose property lays in the path of the proposed railway
are at risk of being forced to sell their property under the state’s
power of eminent domain.
How Does Eminent Domain Work?
In simple terms, eminent domain is the power of the state and public utility
companies to condemn private property for the purposes of being used in
a public project in exchange for reasonable compensation. In most scenarios,
reasonable compensation equates to the property’s fair market value.
This power is often exercised in order to make way for public utility
buildings, highways, bridges, civic buildings, and the widening of roads.
In this particular instance, all privately owned property within the path
of the railway would be subject to condemnation if the project is approved
by the state. As a result, this project has faced considerable backlash
from legislators and citizens alike. On March 11th, 2016, the project suffered a considerable blow when the Brazos Valley
Council of Governments
passed a resolution opposing the railway due to its use of eminent domain, despite the area’s former support
for the project.
Only time will tell if this is enough to kill the project, but one thing
is for certain: all property owners who feel they may be affected by this
project should seek legal assistance as soon as possible to make sure
their rights are protected. If you believe you are at risk of losing your
property to the proposed Texas bullet train, an attorney can help you
fight to keep your property and negotiate for maximum compensation on
your behalf in the event that the project should move forward.
Knowledgeable Eminent Domain Lawyers in Houston
At McDowell Wells, LLP, our skilled Houston eminent domain attorneys have
more than two decades of legal experience and can provide the premier
legal advocacy you need during this time. Having earned a ranking on The
National Trial Lawyers: Top 100 and an AV® Rating by Martindale-Hubbell®
for superior ethics and skill, your case is sure to be in excellent hands.
Call (713) 496-0504 or request a free consultation online
today to review your legal options.