Bullet train project gets appeals court win

Planners of a Houston-to-Dallas bullet train scored a victory in Corpus Christi on Thursday when a state appeals court said the company — despite not operating yet — is a railroad in the eyes of the law.

“This decision confirms our status as an operating railroad and allows us to continue moving forward with our permitting process and all of our other design, engineering and land acquisition efforts,” Texas Central CEO Carlos Aguilar said in a statement.

Writing for the 13th Texas Court of Appeals, Judge Nora Longoria said a Leon County judge who sided with landowners erred when he said the lack of current operations or equipment meant Texas Central was not a railroad, and therefore had no claim to survey land or acquire it through eminent domain.

Leon County landowners Jim and Barbara Miles sued Texas Central in early 2017, claiming the company had no authority to survey their land, after they refused to grant the company’s hired surveyors access.

In their challenge, lawyers for the Miles’ argued since Texas Central is not operating as a railroad and currently owns no trains, it cannot claim to be railroad under Texas law to take land. The company, created in 2012 specifically to build a high-speed rail line from Houston to Dallas, said owning and operating trains was not necessary, noting it still is designing and developing its 240mile route.

Texans Against High-Speed Rail, a group critical of the project who helped the Miles with their challenge, released a statement saying the couple intends to appeal to the state supreme court.

“Based on this ruling, anybody with $300 and a computer can immediately obtain the extraordinary power of eminent domain by simply filing papers with the Texas Secretary of State self-declaring to be a railroad,” the group wrote.

The court win comes as Texas Central scaled back its current staff in the state, citing the effects of COVID-19 on global economies. Critics, including Rep. Kevin Brady, R-The Woodlands, said reducing staff demonstrated the project — long assailed by rural residents who say it will ruin their way of life — was losing momentum.

Aguilar and others said Texas Central remains ready for federal approvals of the project’s safety and engineering, expected later this year.

“Today’s ruling supports the enormous amount of work Texas Central has done to date,” he said.