On Wednesday, August 4, 2021, State Representative Cody Harris and other Texas Legislators filed an Amicus Curiae Letter requesting a review in the case of James Fredrick Miles v. Texas Central Railroad & Infrastructure, Inc. and Integrated Texas Logistics, Inc.
In Texas, ownership of private property is among the most cherished rights of citizens. The use of eminent domain is expressly limited in the Texas Constitution for “public use” and may only be granted by the authority of the Texas Legislature, under conditions authorized “under law.” Neither Texas Central Railroad & Infrastructure, Inc. (TCRI), nor Integrated Texas Logistics, Inc. (ITL) meet the definition of a railroad company or an interurban electric railway company and, therefore, do not have the power of eminent domain under law.
In granting eminent domain authority to TCRI and ITL, the court of appeals ignored prior actions taken by the Texas Legislature with respect to private promoters of the “high-speed rail.” It also ignored current laws and definitions specifically relating to private high-speed rail projects. The issues in the case are exceptional in scope and reach, and critically important to every landowner in this state. For these reasons, Rep. Cody Harris and other members of the Texas Legislature call upon the Texas Supreme Court to review this case.
“The use of eminent domain is concerning enough when exercised by governmental entities; however, its power and use becomes even more concerning when granted to an entity without the accountability of the people,” said State Representative Cody Harris. “Because of this, the use of eminent domain is expressly limited in the Texas Constitution for public use and may only be granted by the authority of the Texas Legislature. A private entity should not be given such extraordinary power, with no means to actually fund the construction of a disastrous $30 billion high-speed rail project.”
The Texas Supreme Court has repeatedly, recently, and unanimously recognized that strong judicial protection for individual property rights is essential to freedom itself. Therefore, Texas Legislative members not only call upon the Court to once again ensure that the property rights of individual landowners are protected from the attempted abuse of eminent domain by private actors but especially when on behalf of a foreign government.
Cody Harris is the State Representative of House District 8 which includes Anderson, Navarro, Hill and Freestone Counties. Representative Harris serves on the House Calendars Committee, Transportation Committee, and serves as the Vice-Chair of the Natural Resources Committee. Rep. Harris is also the Presiding Officer on the State Water Implementation Fund for Texas (SWIFT) Advisory Committee and was appointed by Governor Abbott to the Southwestern States Water Commission.
