Re: Texas Bullet Train Gets Kink In Its Tracks Over Eminent Domain
Author: not a lawyer
Date: 08-29-2016 - 14:44
It's not really a public vs. private issue, the STB simply determined that the project would not be engaged in interstate commerce so the Board has no Constitutional authority to intervene in any way (eminent domain, environmental issues, etc.).
Any attempts to use Eminent Domain will have to be addressed in Texas courts under Texas law. Probably if this were a project taken on by a state district (like the Capitol Corridor in California) the decision would have been the same.