Eminent Domain Questions Still Dog Texas Central High Speed Rail Plans

The Texas Attorney General took a break from its crusade against unsubstantiated claims of voter fraud to weigh in on a controversial question of property rights.

2 minute read

December 28, 2021, 7:00 AM PST

By James Brasuell @CasualBrasuell


Legal questions about the use of eminent domain for the Texas Central Railway high-speed rail system between Houston and Dallas are persisting nearly six months after the Texas Supreme Court refused to hear an appeal for a lawsuit filed by a Leon County landowner, James Miles, potentially affected by the route's construction.

Planetizen picked up news of the unanswered legal questions surrounding the use of eminent domain for the Texas Central Railway in 2014, 2016, and 2020. In 2021, the news seemed mostly positive for Texas Central after the private rail company signed construction contracts signed and bagged the aforementioned decision by the state's highest court.

According to an article by Alexa Ura for the Texas Tribune, however, the legal case against the company's use of eminent domain has a powerful new proponent, adding a new twist in the saga.

"The Texas attorney general’s office has put its weight behind a landowner’s case against the companies developing a controversial Dallas-Houston bullet train, arguing they can’t force people to sell parcels needed for the high-speed rail project," writes Ura.

"In a legal brief filed with the Texas Supreme Court on Friday, deputies for Texas Attorney General Ken Paxton argued the high court should reverse that appellate decision and rule in Miles’ favor because the companies fall short of the Texas Constitution’s definition of a rail company," explains Ura.

If Texas central clears these legal hurdles and acquires the necessary funding (promised to be sourced from private sources), the system would accommodate trains traveling up to 205 mph and making the trip between Dallas and Houston—which takes four hours by car—in 90 minutes.

Monday, December 20, 2021 in Texas Tribune

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

October 28, 2026 - Zachary Whalen

A car drives through a puddle, making a large splash. Rain pours down.

California plans to bury El Niño’s downpour

If the state plays its cards right, it may be able to store a billion acre-feet of El Niño’s water in aquifers.

October 28, 2026 - Grist

A pencil rendering of Foundry Park, which shows skyscrapers and public green spaces.

Chicago breaks ground on $3 billion megadevelopment

The new neighborhood, titled Foundry Park, will one day host 3,700 residences.

October 23, 2026 - Chicago Sun Times

A swamp in South Carolina with tall pale trees and Spanish moss in the water.

Satanic place names

From streams and lakes to valleys and canyons, I mapped more than 1,000 places named after the Devil.

October 31 - The Daily Yonder

A rendering of a high speed rain station in California, with wide platforms and a sleep train with yellow highlights.

California High-Speed Rail Authority CEO resigns after $600,000 scandal

Under Ian Choudri, the authority used taxpayer dollars to fund first class flights and trips to nightclubs.

October 30 - Cal Matters

 A bridge stretches across the Missouri River at Chamberlain, South Dakota.

Want to study the Missouri River? Soon, you may need unanimous approval from 10 states

Legislation would require 10 governors’ permission to study or build projects moving water outside the basin.

October 30 - South Dakota Searchlight