Recent Eminent Domain News – September 23 Update

Find out what’s happening in eminent domain news around Texas.

Federal Railroad Commission to begin rule making on high speed railway

Source: KBTX

New steps have been approved towards creating the first high-speed railway in the United States, with a stop right here in the Brazos Valley.

Texas Central, the company constructing the railway says that the Federal Railroad Administration has approved its petition to move forward with writing rules that will apply to this specific project.

“In the 52-year history of the Federal Railroad Administration (FRA), it has never granted a Rule of Particular Applicability (RPA), and the process has not even been clearly defined,” said Kyle Workman, Chairman, and President, Texans Against High Speed Rail. “Texans Against High-Speed Rail was notified last week by USDOT and FRA that after three years of delay because of opposition to the project, the RPA process will now begin moving forward due to foreign political pressure. However, Texas Central’s misleading characterization of this action does not mean it is an approval for the project. It now has to go through a lengthy rule-making process that essentially creates a regulatory carveout, or monopoly, specific to the Japanese Shinkansen HSR technology, and there is no time frame for completion or guarantee of what the rule will require.”

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Recent Eminent Domain News – September 23 Update

Kyle amends pipeline-related ordinance, files motion to dismiss Kinder Morgan’s lawsuit

Source: Community Impact Newspaper

Lawyers for the city of Kyle filed a motion Sept. 11 to dismiss Kinder Morgan’s lawsuit against the city, based in part on the City Council’s adoption, two days earlier, of an amended version of the pipeline development ordinance on which the suit was based.

“Because plaintiffs’ challenge in this lawsuit is premised on the entirety of the ordinance as it stood prior to the amendments, its challenge in this case has been rendered moot,” the motion reads.

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Demolition underway for eclectic Seabrook landmark ahead of highway expansion

Source: Click2Houston

A nearly century-old Seabrook landmark, dubbed the Triangle Building by some and an eyesore by others, has reached its end.

A construction crew began demolishing the eclectic pink, wedge-shaped building Thursday night ahead of a TxDOT construction project that will expand a 3-mile stretch of road on Highway 146 from Red Bluff Road to Kirby Drive.

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El Paso Water eminent domain request approved after owner doesn’t want to sell business

Source: CBS4 News

El Paso City Council voted Tuesday to move forward with using eminent domain to acquire the property at 5529 Threadgill Ave. in northeast El Paso.

El Paso Water had already acquired 73 properties and officials with the utility company said the property on Threadgill was the last property it needed to acquire.

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Members discuss TFB policy for coming year

Source: Texas Farm Bureau

The future of Texas agriculture, the rights of landowners and labeling issues were among the topics discussed at recent Texas Farm Bureau (TFB) Policy Development meetings across the state as members considered and discussed policy updates for the upcoming year.

During the eminent domain reform discussion, members highlighted the need for pipeline surface remediation requirements. Currently, the only way landowners can remedy improper repair or cleanup is through litigation.

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