A.G. Opinion. The Key Intel Wanted on Texas Central Rail.

The Requestor: Chairman Byron Cook initiated RQ- 0113-KP about Texas Central Rail

The Questions asked of the Attorney General:Do the parties have eminent domain authority to condemn property for Texas High Speed Rail?

The Facts and Statutes key to whether Texas Central Rail has eminent domain power:

surveyors have been requesting pre-condemnation access to land to survey for the purpose ofplanning, building, maintaining and operating an electric rail road.
pre-condemnation access can only exist because the entity has the power of eminent domain
High Speed Rail has gone so far as taken landwoners to court for not allowing pre-condemantion access
High Speed Rail claims Sections 81.002, 112,051, 112.053, 131.011 and 131.012 of the Transportation Code support that it is a railroad that has eminent domain authority under the Transportation Code
High Speed Rail meets neither the formation date requirement nor the current operation as a railroad requirements of Transportation Code Sections 81.002
High Speed Rail fails to meet the definition of interurban electric rail in Section 113.011 and 113.012 because Texas old civil statutes define interurban electric rail and it is not high speed rail for these reasons:
- High Speed Rail is not a Section 81.002 railroad
- Civil Statutes show interurban electric rail was to connect suburbs with their cities
- Interurban rail has to be completed within 1 year of condemnation
- They sell energy to the public
- Require municipal approval for tracks that traverse a city

Transportation