“They [Texas Central] brought in every bit of legal firepower money could buy. And they lost. Again,” says Blake Beckham of The Beckham Group, who leads the legal team for Texans Against High-Speed Rail (TAHSR).
“This is a landmark victory for all Texas landowners,” declares Beckham.
On Friday, December 16, 2016, District Judge Joseph “Tad” Halbach ruled against granting a summary judgment, requested by Texas Central Railroad & Infrastructure, Inc. (TCRI), in the 333rd District courtroom in Harris County, Texas.
The case involves Calvin House, who was sued by Texas Central after declining to allow surveyors onto his land. It is one of more than 20 such lawsuits filed in various counties along a proposed route between Dallas and Houston.
Texas Central, a privately funded initiative, has been working toward developing a high-speed train that will connect North Texas and Houston using a world-class technology based on the bullet train of Japan.
The group has received opposition in the rural expanse between the two metropolises.
Texas Central has maintained that they are a “railroad company” and, as such, have the right under Texas law to conduct surveys and examinations on private property, in order to select the most advantageous route for the proposed railway.
TAHSR and other opponents say Texas Central does not meet the definition of a “railroad company” and, more importantly, does not have sufficient funds for the railway project being proposed.
“We are not surprised by this decisive ruling, given that Texas Central has never produced proper documentation of eminent domain authority,” says Kyle Workman, TAHSR President. “They knew this issue was before the courts, but that hasn’t stopped them from bullying their way onto property while misrepresenting themselves as a railroad with the power of eminent domain.”
Landowner Calvin House said he is pleased with the ruling, but says the whole experience has taken a toll on both his family and his business.
“Now I see why they never could show me a piece of paper saying they had eminent domain like condemning authorities are required to do,” says House. “It’s because they never had it to begin with. I’m glad the court ruled in my favor, but I sure didn’t like being harassed for months, sued, and forced into court.”
In response to Judge Halbach’s decision, Texas Central says they were disappointed, but believe their arguments will prevail as the case goes on to trial.
“The judge’s two-sentence decision only declined the company’s request for summary judgment, meaning the debate will be heard before a full trial,” reads an official statement from Texas Central. “Contrary to what opponents are saying, he did not issue any opinion on the company’s operations or its rights under state law.”
According to Texas Central, this court case has been set for July. “Meanwhile, we will continue to work with landowners in a direct and respectful manner as the project moves ahead as planned,” reads their official statement
