+ 1 Texas County. Eminent Domain Restrictions.

Add Montgomery County to the list of counties that oppose eminent domain for proposed high speed rail from Houston to Dallas. 

The vote: unanimous

The common theme among commissioners: An opposition to a private company seizing private property.

The resolution:

RESOLUTION AND ORDER

WHEREAS, Montgomery County finds that any high-speed rail lines and facilities crossing county roads is not desirable; and

WHEREAS, Montgomery County values the protection of real property rights in Texas; and

WHEREAS, Montgomery County supports all state legislative actions prohibiting the use of eminent domain for high speed rail activities; and

WHEREAS, Montgomery County and the City of Magnolia established a Sub-Regional Planning Commission to provide for the special planning needs of the area; and

WHEREAS, high speed rail crossings on county roads are a public safety concern and are an unwarranted risk to the traveling public; and

WHEREAS, several other counties, including Brazos, Waller, Burleson, Grimes, Leon, Madison, Robertson and Washington have opposed high speed railways, specifically the use of eminent domain to facilitate the activity; and

WHEREAS, Montgomery County finds that high speed rail lines crossing county roads would increase the maintenance costs for those roads;

On this the 25th day of October 2016, at a Regular Session meeting of the Commissioners Court, a motion was made to consider and approve the resolution and order opposing high speed rail in Montgomery County, Texas, the use of private property and/or eminent domain for high speed rail activities in Montgomery County.

NOW, THEREFORE IT IS HEREBY APPROVED AND ORDERED, that the

Commissioner’s Court of Montgomery County, Texas, opposes high speed rail in Montgomery County, Texas, the use of private property and/or eminent domain for high speed rail activities in Montgomery County, and the crossing or use of county roads to facilitate high speed rail activities in Montgomery County, Texas.

ADOPTED THIS 25TH DAY OF OCTOBER, 2016

MONTGOMERY COUNTY, TEXAS

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Montogomery County Police Reporter | Court adopts resolution opposing use of eminent domain for high-speed railway