Will the Texas High-Speed Train Affect Your Property
What You Need to Know About Eminent Domain in Texas
The construction of the new high-speed train connecting North Texas and the Greater Houston area has been a subject of much debate. While the train promises to provide a faster, more convenient mode of transportation between these two regions, it has also raised concerns about its potential impact on the properties of homeowners, business owners, investors, and ranches along its route.
Essential Information About the Texas Central High-Speed Train
The Texas Central high-speed train project is a proposed transportation system that would connect the North Texas and Greater Houston areas with a high-speed rail line. The system would allow passengers to travel between the two regions in just 90 minutes, significantly reducing travel time.
The proposed high-speed train system has been met with both excitement and controversy. Some see it as a much-needed solution to transportation challenges in Texas. Others have expressed concerns about the impact on landowners and the use of eminent domain.
Texas Central Can Exercise Eminent Domain Power
The Texas Central company has acquired some land necessary for construction of the new high-speed train through voluntary agreements with landowners. However, in some instances, Texas Central has acquired the land by exercising the power of eminent domain.
Eminent domain is a legal process that allows the government or a private company with eminent domain authority to take private property for public use. The property taken must be acquired for a legitimate “public use”and the state or company acquiring the property must fairly compensate the property owner. If you have been notified that your property will be taken or if it has already been acquired you may be wondering if you have any recourse.
An eminent domain lawyer can help you determine if you have grounds to contest the taking of your property. Property owners must prove the government isn’t taking the property for a “public use” or they must prove the government hasn’t offered the just value of their property.
In a recent ruling, the Texas Supreme Court upheld the right of Texas Central to use eminent domain to acquire the necessary land for the high-speed train project. The court found that Texas Central is a railroad company and therefore has the authority to exercise eminent domain under Texas law.
Some have praised the court’s decision. Others have been more critical of it.
Supporters of the project argue that it is a necessary investment in the state’s infrastructure. They believe eminent domain is a valid tool for ensuring that the project can move forward. Critics argue that the decision establishes a precedent that may allow private companies to use eminent domain for their own profit in the future.
The use of eminent domain has been a point of contention for many landowners along the proposed rail line. Some have argued the compensation Texas Central is offering to landowners does not adequately reflect the value of their land, the potential negative impacts on their property, or the loss of business revenue and future earnings for commercial property owners. If you believe the taking of your property has not been handled justly by the government contact an eminent domain attorney today at Gregor Wynne Arney. We have the experience and resources to fight for your rights.
Regardless of the legal challenges, the construction of the high-speed train is likely to have a significant impact on the properties of landowners along the rail line. Potential impacts include:
Property value changes
The presence of a high-speed train could affect the value of nearby properties. These effects may be positive or negative.
Even if they do not lose their entire property, commercial property owners may find valuable parking or warehouse space “taken”, leaving them with commercial property that is no longer viable.
On the one hand, properties near the new train stations may become more accessible and desirable. This could yield an increase in their value.
That said, some properties will be near the rail line but won’t necessarily be near any stations. Their values might decrease due to such factors as noise, which could negatively impact quality of life for those living or working near the tracks.
Increased traffic and congestion
The construction of the high-speed train could lead to increased traffic and congestion in certain areas. This is particularly likely during the construction phase. As a result, businesses and other properties that rely on easy access for customers or employees may struggle.
The high-speed train is likely to be a significant transportation hub. Thus, its presence might increase the risk of accidents or other safety concerns. Properties near the tracks may therefore be perceived as less desirable.
Access to property
The construction of the high-speed train may require acquiring land and constructing new roads. Depending on the circumstances, this may positively or negatively impact the accessibility of certain properties along the high-speed train’s route.
Impacted by the Texas High-Speed Train? An Attorney May Be Able To Help
These examples represent just some of the ways the new Texas Central high-speed rail line may impact landowners and investors whose properties are along its path. Be aware, if Texas Central is attempting to acquire your property through eminent domain, or if your property is likely to be substantially affected by the construction of the new high-speed train between Houston and Dallas, it may be wise to enlist the help of a Texas eminent domain attorney who can represent your interests.
That’s attorneys at Gregor Wynne Arney PLLC are ready to help. For more information about our services, contact us online or by call us at (832) 390-2644.