TEXAS AGRICULTURE and FEDERAL/STATE OFFICIALS STAND WITH LANDOWNER TO PROTECT RANCH FROM DANGEROUS EMINENT DOMAIN RULING – montgomerycountypolicereporter.com

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Texas Ag Commissioner, Members of Congress, State Legislators, Texas Farm Bureau, Texas & Southwestern Cattle Raisers Affiliation, and Texas Companies Ask Texas Supreme Courtroom To Take heed to Landowner Attraction And Reverse Dangerous Eminent Area Ruling

 

Jewett, Texas – Texas’ prime agricultural officers and organizations are lining As a lot as assist Leon County landhouse owners Jim and Barbara Miles’ authorized efforts To shield their ranch from Texas Central Railmethod’s proposed Dallas to Houston extreme-velocity rail enterprise. Inside the trial court, Decide Deborah Oakes Evans dominated in favor of the Miles’, discovering that Texas Central Does not have eminent domain authority as a railroad or an interurban electrical railmethod. Decide Evans additionally found that ITL, an entity created Inside the midst of the regulationsuit, Does not have eminent domain both. The Corpus Christi Courtroom of Attractions reversed that ruling, discovering that each Texas Central And that iTL are railroads and interurbans with eminent domain authority. The Texas Supreme Courtroom recently denied Miles’ petition for consider of the court of appeals’ opinion earlier this summer time; so late final month, Miles’ filed a movement for rehearing asking the Texas Supreme Courtroom to grant consider and afagency Decide Evan’s ruling.

Blake Beckham, the Miles’ lawyer and Particular Litigation Counsel for Texans In the direction of HSR, said, “If ever tright here was a ruling that created ‘the Wild, Wild West’ of eminent domain abuse, That is it—the court of appeals’ ruling creates a dangerous precedent Which might permit anyone with $300 and A Laptop Pc To proper amethod acquire the extraordinary power of eminent domain by submitting papers with the Texas Secretary of State falsely claiming to be a railroad or an interurban. This is not And might’t be the regulation in Texas.”

Texas Farm Bureau said in its amicus short-term to the Courtroom, “This Is An important case that deserves a consider. The factors, On this case, are distinctive in scope and revery, and important to the residents and landhouse owners of this state. They will have an effect on rural landhouse owners immediately And typinamey, for sensible causes.” (Full textual content material right here.)

Texas & Southwestern Cattle Raisers Affiliation informed the Courtroom, “These private enchancment tasks not solely destroy the significant use and character of the land, however they Obtain this with out enough due course of. The courts, subsequently, are the landowner’s final and biggest hope for making sure the proceedd constitutional shieldion Of private property propers when The subsequent privately-funded enterprise comes knocking On their door.” (Full textual content material right here.)

Texas Commissioner of Agriculture Sid Miller additionally weighed in: “The enterprise will devastate hundreds and hundreds of acres of agricultural and special standing farmland that is already beneath fixed menace of eminent domain. Landhouse owners who dedicate their complete lives and all their assets to their farms and ranches, and who Depfinish upon Using their land for income, Ought to not be On the mercy Of private actors falsely claiming eminent domain authority, like Texas Central has carried out right here.” (Full textual content material right here.)

Members of Congress, Consultant Kevin Brady and recently-elected Consultant Jake Ellzey, are each staunchly Against the proposed HSR. Congressman Brady said of the enterprise, “I am deeply involved that Texas Central is proposing To grab Texans’ ranches, farms, And houses—as quickly as extrast their will—wright hereas the enterprise Continues to be in its planning levels. I am going to On A daily basis assist infrastructure that assists progress and transportation enhancements. However, granting eminent domain to Texas Central Wouldn’t solely violate the freedoms of property house owners however fail To shield the taxpayer.”

Congressman Ellzey said in his letter to the Courtroom, “Private property propers are sacred, And that i do think about thOn the factors raised On this case are essentially important To every Texas landowner. For these causes, I needed To write down this letter in solidarity with my former [Texas Legislature] colleagues and on behalf of myself and my constituents. I respectfully request thOn the Courtroom grant Mr. Miles’ petition for consider.”

Texas State legislators, collectively with Consultants Ben Leman, Cecil Bell Jr., Cody Harris, Kyle Kacal, Will Metcalf, Trent Ashby, Steve Toth, Tom Oliverson, and James White, and Senators Lois Kolkhorst, Charles Schwertner, and Brian Birdwell, emphasised to the Courtroom its position in shielding private property propers: “This Courtroom has repeatedly, recently, and unanimously acknowledged that strong judicial shieldion for particular person property propers Is important to freedom itself. Tright herefore, we not solely name upon this Courtroom to as quickly as as quickly as extra guarantee thOn the property propers of particular person landhouse owners are Shielded from the tried abuse of eminent domain by private actors, however particularly when on behalf of a overseas authorities.” (Full textual content material right here.)

Texans In the direction of HSR President Trey Duhon famous, “Texas Central is not a railroad or interurban electrical railmethod. Texas Central is merely a promoter of a extreme-velocity rail enterprise that is Engaged on empty. If private entities like Texas Central can so simply acquire eminent domain authority in Texas, the door Shall be broad open for extra landowner abuse, wright hereas complicating eminent domain propers for People who legitimately have it.”

The Miles’ movement to rehear was additionally assisted by pretty A pair of Texas businesses, collectively with KSA Industries Inc., And private landhouse owners.

Background – Jim Miles initially sued Texas Central in March 2016 To finish its harassment and efforts to survey his private property. After Texas Central misplaced a case as quickly as extrast ancompletely different landowner in Harris County, Texas Central created a shell agency, ITL, in an Try and restore the authorized factors it had encountered wright hereas making an attempt to show eminent domain authority in court. ITL then sued Miles regardless of having by no means contacted him in any method in any respect. Miles didn’t even know ITL existed. Decide Evans noticed although Texas Central’s nonsense and signed a final judgment in favor of Miles and as quickly as extrast Texas Central And that iTL.

When the court of appeals reversed Decide Evans’ ruling, Jim and Barbara have been Much extra resolved to proceed the wrestle To shield their property propers And completely different people of completely different landhouse owners. “We’re going to take this All of the biggest method. Texans take their private property propers critically and All of us know the Texas Supreme Courtroom does too. We can’t permit private corporations to take our land by way of self-declared eminent domain authority.”

Miles’ Texas Supreme Courtroom short-phrases, ready by Jeff Levinger and Carl Cecere of Levinger PC, Blake Beckham and Patrick McShan of The Beckham Group, Dylan Drummond of Grey Reed, and Jason Sodd and Jody McSpadden of Dawson Sodd, states, “the court of appeals apshowd private corporations with no railroad expertise, no tracks, no practices, and solely a fraction of The money needed To assemble a extreme-velocity railmethod system, to trample with impunity on the property propers of hundreds of Texans.”

Miles argued that solely the Texas Supreme Courtroom “can forestall the irreparable harm More probably to Outcome if [Texas Central And that iTL]’s unregulationful practice of eminent domain power is permited to play out to its inevitable failure. All Want to this Courtroom To sprime that Outcome. It is important thOn the Courtroom Obtain this, as a Outcome of the court of appeals’ opinion upfinishs the essential legislative and judicial shieldions as quickly as extrast the unrespracticeed practice of eminent domain authority by beneathcapitalized and inexpertised private actors like [Texas Central And that iTL].”

The Texas Supreme Courtroom denied Miles’ petition for consider in June 2021 with solely seven of 9 justices collaborating. Miles’ movement for rehearing Might be found right here

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