The Texas Central Railway overcame a big legal hurdle Thursday when a Texas appeals court ruled that the company building a high-speed rail line from Houston to Dallas is, in fact, a railroad company and interurban electric railway. The decision paves the way for the railroad to secure property through eminent domain, if necessary.
The decision follows a four-year court battle. Landowners along the proposed route in Leon County argued that the Texas Central was not a railroad and did not have rights associated with a railroad, including eminent domain and access to property for surveyors.
The 13th Court of Appeals of Texas issued a Memorandum Opinion, authored by Justice Nora Longoria, that said, “Having found that the appellants (Texas Central Railroad and Infrastructure, Inc. and Integrated Texas Logistics, Inc.) are both railroad companies and interurban electric railways, we conclude that the trial court erred by granting (a landowner’s) motion for summary judgment and denying appellants’ motion for partial summary judgment.”
Texas Central says it is shovel ready to begin the line.