DALLAS -- A rural Texas county along the route of a proposed high-speed rail link between Dallas and Houston voted in restrictions that could throttle the $10 billion private project.
Grimes County officials voted Tuesday to require that bullet train builder Texas Central Partners prove it has eminent domain powers under state law before the tracks can cross the county.
The rail proponents contend that under existing state law they have the authority to condemn private property for construction of the line, but Grimes County Judge Ben Leman said the rail company is bullying landowners to obtain the necessary right-of-way.
"Texas Central Partners believes they have found a loophole that will allow them to proceed with constructing this project unregulated," Leman said. "Grimes County will not let that happen."
Rural landowners in Grimes County and other places along the route have complained that the project would divide their properties while providing few benefits for Texans outside the big cities.
Texas Central said it would not seek state or federal funding or subsidies for the $10 billion line, although it may apply for low-interest federal loans to build it.
The federal Surface Transportation Board ruled in July that it has no jurisdiction on the intrastate project because the line does not connect with Amtrak.
"Texas Central now claims that without federal jurisdiction, they do not need any sort of approval from the state of Texas to use eminent domain or to begin construction," said Leman, who is also chairman of the anti-rail group Texans Against High-Speed Rail.
Texas Central would have to get a permit from the county by showing it has eminent domain authority under state or federal law before the tracks could cross a county-owned road, he said.
"Without such proof, the permit will be denied and that high-speed rail project would not be able to come through Grimes County," Leman said.
Leman said he would work with officials from the other eight counties along the route on opposition to the project.
Grimes County, with about 26,000 residents, is about halfway between the two cities, which Texas Central wants to connect with a 240-mile rail link that would take only 90 minutes.
Texas Central said it is not deterred by Grimes County's permit requirement.
"Texas statutes, as interpreted by courts and not county governments, have long granted eminent domain authority to railroads such as Texas Central and other industries that provide the infrastructure necessary to serve the public efficiently and enjoy a healthy economy," the company said in a statement.
Texas Central said its planned investments in Grimes County would top $1 billion between now and planned completion in 2021, including the line's only station between Houston and Dallas. The line would also generate $50 million in county property taxes through 2040, the company said.
Rural lawmakers tried to strip eminent domain authority from high-speed rail in the last legislative session and are expected to continue the fight when the 2017 legislature convenes in January.
State Rep. Byron Cook, a Republican who represents a district south of Dallas, asked Texas Attorney General Ken Paxton to rule on whether Texas Central does have state-granted eminent domain authority.
"The decision of whether to grant high speed rail eminent domain power is one that should be made today by the legislature," Cook said in his request to Paxton. "It should not be labeled into a definition created over 100 years ago to deal with a very different type of railroad, in a very different time in our state's history."
