I admit, I’m a bit confused by this.
The Texas attorney general’s office has put its weight behind a landowner’s case against the companies developing a controversial Dallas-Houston bullet train, arguing they can’t force people to sell parcels needed for the high-speed rail project.
Weighing in on the matter at the invitation of the Texas Supreme Court, the attorney general’s office offered the latest twist in the nearly decade-long fight over a 240-mile line that would connect Dallas and Houston. While the project has picked up support from leaders of urban areas, it’s encountered hard resistance from residents of the rural counties on its proposed path.
One of those residents, Leon County landowner James Miles, sued Texas Central after the private company sought permission to survey his 600-acre property in 2015 as part of its efforts to examine the land for the project. Miles asked the courts to declare that the company did not have the right to enter his property because it does not have the eminent domain authority granted to railroad companies.
He won at a trial court, but the legal dispute reached the Texas Supreme Court after a state appellate court in Corpus Christi sided with Texas Central and a related company.
In a legal brief filed with the Texas Supreme Court on Friday, deputies for Texas Attorney General Ken Paxton argued the high court should reverse that appellate decision and rule in Miles’ favor because the companies fall short of the Texas Constitution’s definition of a rail company.
“The [companies] may only make preliminary examinations and surveys of private landowners’ properties for the purpose of constructing and operating a bullet train if they are either railroad companies or interurban electric railway companies,” the state wrote in its brief. “In the State’s view, the [companies] are neither.”
That leaves them with “no authority to enter, examine, survey or condemn Miles’ land,” the state wrote.
I am confused because at last report, the Supreme Court had declined to review that 13th Court of Appeals’ verdict. I Am Not A Lawyer, but right there in the story that I blogged about was the clear suggestion that this was the end of the road for that case. However, now that I see this story, a bit of googling shows that the Supreme Court granted a motion for a rehearing, which you can see here. It doesn’t seem to me that any new issues were raised by the Miles plaintiff, but what do I know? In any event, this explains why the AG brief says it is in response to “the Court’s letter of October 15, 2021 inviting the Solicitor General to express the views of the State of Texas”. Oral arguments for this are set for January 11. If any of you lawyers out there want to shed some extra light on this, by all means please be my guest.