State Rep. Byron Cook asked Texas Attorney General to rule on whether a private company developing a high-speed train project in the state has the power of eminent domain. Texas Central Partners has been developing a privately funded bullet train intended to travel between Houston and Dallas in less than 90 minutes. While the project has garnered strong support in those cities, residents in the largely rural communities along the proposed route have voice opposition. Cook asks Paxton to determine whether the company has the right, under state law, to enter private property to conduct land surveys "and ultimately take" private land.
There are currently hundreds of private companies afforded eminent domain authority in Texas, including dozens of private railroad companies. State law asserts that high-speed rails have the same rights as other railroad companies — including the right of eminent domain. In 2015, several lawmakers unsuccessfully pursued measures to block Texas Central's multibillion-dollar project. One of those efforts, from state Sen. Lois Kolkhorst, R- Brenham, would have specifically stripped firms developing high speed rail projects from having eminent domain authority.