by flex.202 | Jul 30, 2024 | Press Releases |
FOR IMMEDIATE RELEASE
July 30, 2024
CONTACT: Desi Burns Porter
EMAIL: desi@TexansAgainstHSR.com
EMBATTLED DALLAS TO HOUSTON HIGH-SPEED RAIL OWES NEARLY $850,000 IN DELINQUENT PROPERTY TAXES AND ATTORNEY FEES
Proposed Texas HSR project is delinquent on its property taxes in all counties in which it owns property and continues to incur interest and penalties.
Jewett, Texas – Yet again for the fourth year, the zombie company that has tried for over a decade to promote the proposed Dallas to Houston high-speed rail project, Texas Central Railway, is delinquent on property taxes owed to school districts and Counties in which it owns property.
Despite making regular public claims that the company would benefit the counties by being “responsible neighbors” and “substantial taxpayers,” Texas Central owes the counties in which it owns property nearly $850,000, including $112,381.60 to Harris County and nearly $219,000 to Grimes County, and these amounts continue to grow as interest and penalties grow with the delay in payment. For properties that held an agricultural exemption under the previous property owner, roll back taxes are being assessed on those properties not currently in agricultural production, which adds on a penalty of the delta between the agricultural tax rate and a full commercial tax rate on the property going back five years. Because 2023 property taxes were not paid by July 1, 2024, most counties owed property taxes are pursuing legal action against Texas Central Railway, including Ellis, Freestone, Grimes, Limestone, Madison, Navarro, and Waller Counties.
Delinquent taxes, penalties and attorney fees owed to Counties by Texas Central Railway:
Dallas $80,624.47
Ellis $69,444.02
Freestone $24,125.52
Grimes $218,948.66
Harris $112,381.60
Leon $15,590.42
Limestone $18,120.09
Navarro $34,393.04
Madison $104,195.55
Waller $167,162.47
Total = $844,985.84
Waller County Judge and TAHSR President said of the delinquent taxes, “While the amount of property currently owned by Texas Central is a small fraction of 15,000 acres needed for the proposed HSR project, Texas Central, or what is left of it, is now intentionally placing a financial burden on Counties, school districts, hospital districts, local colleges and emergency service districts.
With Amtrak exploring a partnership with this zombie company, that would create even more of a financial burden…in perpetuity…because Amtrak does not pay any property taxes. Let us not forget what was represented to be a ‘privately-financed project’ was supposed to produce millions of dollars in tax revenue for impacted counties, but if Amtrak takes this project, it actually becomes a huge loss of tax revenue.”
“Additionally, Waller County Sheriff Troy Guidry recently shared with me that there are squatters now living in abandoned houses owned by Texas Central. Legally, with only distressed assets consultants working for Texas Central unaware of the problem and unable to be reached, the neighbors of these drug and crime havens now have to deal with squatters. We are far beyond ‘Enough is enough.’”
Grimes County Judge and TAHSR Board Member Joe Fauth commented on the extent of the burden created by Texas Central’s failure to pay its property taxes saying, “We are in the middle of our budget review and the amount owed by Texas Central to Grimes County would allow us to hire two desperately needed 911 dispatchers. We were promised TCR would be good neighbors and substantial tax payers…neither is true.”
Texas Central’s total for delinquent taxes and fees are set to increase August 1 due to additional interest charged by each County.
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by flex.202 | Apr 9, 2024 | Press Releases |
FOR IMMEDIATE RELEASE
April 9, 2024
EMAIL: info@TexansAgainstHSR.com
TEXAS HSR FOCUS OF DEPARTMENT OF JUSTICE INQUIRY REQUEST
Request to US Department of Justice to review potential violation of Federal Agents Registration Act. Jewett, Texas – Last Friday, US Department of Justice (DOJ) received a letter regarding potential violations of the Federal Agents Registration Act (FARA) by Texas Central Partners, the company promoting the high-speed rail project between Dallas and Houston. The letter highlights a pattern of noncompliance designed to avoid public scrutiny of the project’s foreign funding sources, financial feasibility, and bogus ridership projections.
Texans Against High-Speed Rail President Trey Duhon said, “Once Amtrak expressed interest in resurrecting the Dallas to Houston HSR from the hands of the distressed assets company now controlling what is left of the project, we felt it was important to review what we know of the project with fresh eyes. We found additional issues with the Environmental Impact Statement for the project, as well as concerns related to FARA. We understand that high-speed rail is a priority for the Biden Administration but given the serious environmental justice issues and alleged improper handling of foreign financial backing of this project, we strongly advise the US Department of Transportation and the Biden Administration to pick a different horse.”
Last month, TAHSR board members met with Andy Byford, Senior Vice President of High-Speed Rail Programs for Amtrak, to discuss concerns regarding the process and content of the Environmental Impact Statement. Along with the environmental justice concerns, Judge Duhon, Ms. Christie Parker and Mr. Randy Scofield shared information about incorrect ridership calculations, lack of attention to flooding and drainage, public safety issues and new development along the route since the publication of the EIS. After compiling publicly available information and information obtained through public records requests, TAHSR worked with Holtzman-Vogel to produce the letter submitted last week to the US Department of Justice. “Because this project has lobbied the US government for both funding and special rules related to the technology of choice for this project, and because properties in ten Texas Counties have been deeded to the Japanese sovereign wealth fund as a result of a loan for real estate purchases, we have requested a review by the Department of Justice. We feel confident we have presented enough information to warrant this review,” Duhon said.
The letter sent to the DOJ has also been shared with State Representative Cody Harris of House District 8, who issued the following statement, “We are calling on Merrick Garland and the U.S. Department of Justice to enforce the Foreign Agents Registration Act (FARA) as Texas Central continues its efforts to take Texas land for a rail system that is now projected to cost well over $30 billion. Beyond the serious issue of eminent domain and the ways it would tear apart ranches that have been held by Texas families for generations, this effort is effectively handing Texas property to foreign entities.”
Representative Harris continued, “I wholeheartedly support this call to put an end to the deceptive practices by Texas Central, Texas Central Holdings LLC, New Magellan Ventures and, by extension, the Japan Bank of International Cooperation and Japan Texas High-Speed Railway Cayman LP. We are not interested in the Japanese government obtaining control of Texas lands or any of our transportation systems.
“I have and will continue to fight against Texas Central’s underhanded efforts to acquire land and their attempt to leave Texas taxpayers bearing the burden of this bloated and mishandled project. They’ve figured out that they cannot pull the wool over Texans’ eye, so now they’re trying it with the federal government. I look forward to working with my federal counterparts to expose the truth and stop this boondoggle once and for all.”
For the benefit of Texas landowners and US taxpayers, the issue of non-compliance with FARA should be reviewed and resolved before the federal government commits any further resources to support the project via Amtrak and DOT. Click here for the full document submitted to the Department of Justice.
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by flex.202 | Jan 24, 2023 | Press Releases |
FOR IMMEDIATE RELEASE
January 24, 2023
CONTACT: Desi Burns Porter
EMAIL: desi@TexansAgainstHSR.com
Landowner files petition seeking court-ordered deposition of Texas Central
Jewett, Texas – On Monday, Harris County landowner Calvin House filed a petition seeking a pre-suit deposition to investigate potential claims against Texas Central Railway, the company previously promoting a high-speed rail between Dallas and Houston. Mr. House is asking the court to order Texas Central to present a representative for deposition to answer questions under oath on a number of topics concerning the status of its failed Dallas-to-Houston high-speed rail project. The matter is pending in the ___ District Court, Dallas County.
In 2016, Texas Central sued Mr. House in an attempt to obtain a survey of his private property. After losing two court hearings, Texas Central dropped its lawsuit against Mr. House in early 2017. Over the next six years, Texas Central never came close to putting a shovel in the ground and almost certainly never will. The company has no money, no CEO, no executive leadership, no board of directors, and only a fraction of the property needed along the proposed route.
Regarding the current state of affairs, Mr. House explained: “In short, it does appear that Texas Central is doing some things. However, none of the things Texas Central is now doing suggest in any manner whatsoever that it does, in fact, intend to construct and operate [the project]. If that is indeed the case, it is time for Texas Central to come clean and admit the Project is over so [I do] not suffer further harm.”
Texas Central’s actions are harming landowners, like Mr. House, by preventing them from freely using and enjoying their property. Like other impacted landowners, Mr. House cannot sell or refinance his property without first disclosing that Texas Central is still claiming that it intends to construct the project. Texas Central’s false claims have stigmatized and depressed the value of Mr. House and other impacted landowners’ property to this day.
Like many other landowners, Mr. House’s frustration with the company’s underhanded tactics is clear in his petition: “Enough is enough. If Texas Central will admit that it no longer intends to construct and operate the Project, [I] will non-suit this Petition for a Rule 202 deposition. If, on the other hand, Texas Central continues to stubbornly insist that it intends to construct and operate the Project, [I respectfully request] that the Court order Texas Central to present a corporate representative for deposition to answer questions regarding any such claimed intentions.”
Blake Beckham, Mr. House’s attorney and also an impacted landowner, said, “This project is dead. I know it. Mr. House and all the other landowners who’ve had to deal with this company for nearly a decade know it. And Texas Central knows it. These landowners have suffered long enough. It’s time for Texas Central to finally do the right thing and admit the project is over.”
Judge Duhon quote:
We want to thank attorneys Blake Beckham and Patrick McShan of Beckham Portela and Jody McSpadden and Jason Sodd of Dawson Sodd for their hard work and continued support of TAHSR, Mr. House and his family, and all impacted landowners.
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by flex.202 | Mar 31, 2022 | Press Releases |
FOR IMMEDIATE RELEASE
March 31, 2022
CONTACT: Desi Burns Porter
EMAIL: desi@TexansAgainstHSR.com
TEXAS HSR PROMOTER OWES $622,000+ IN DELINQUENT PROPERTY TAXES
Texas HSR project is delinquent on its property taxes in all counties in which it owns property and continues to incur interest and penalties.
Jewett, Texas – Related to James Miles v. Texas Central Railroad and Infrastructure before the Supreme Court of Texas, the Counties of Ellis, Freestone, Grimes, Leon, Limestone, Madison, Navarro, and Waller submitted a letter yesterday to the Court to update them on the significant growing amount owed by Texas Central to those counties, as well as Dallas and Harris Counties, in delinquent 2021 property taxes.
Despite making regular public claims that the company would benefit the counties by being “responsible neighbors” and “substantial tax payers,” Texas Central owes the counties in which it owns property over $622,000, including $216,359 to Harris County and nearly $146,000 to Grimes County, and these amounts continue to grow as interest and penalties grow with the delay in payment.
Ellis County is correcting erroneously assessed taxes for all years Texas Central owned properties in the county, which will likely bring the total closer to $1 million.
Amounts owed to Counties by Texas Central:
Dallas $29,898.26
Ellis TBD
Freestone $18,051.64
Grimes $145,982.39
Harris $216,359.85
Leon $3,942.30
Limestone $10,055.35
Navarro $17,890.74
Madison $68,978.33
Waller $111,817.12
Total = $622,975.98
Waller County Judge Trey Duhon offered, “We felt it was important to share this telling information with the Supreme Court of Texas…Texas Central would have the Court believe that they are capable of building a $30B project and should be entrusted with the enormous power of eminent domain authority…yet, the truth is that they are incapable of doing something that responsible property owners must do every year—simply pay their property taxes.”
While the amount of property currently owned by Texas Central is a small fraction of 9,000 acres needed for the proposed HSR project and does not include the proposed station locations, these delinquent taxes seem to stem from the company’s current financial state, which would be fully revealed in its required application for a construction permit from the Surface Transportation Board (STB).
As such, the Counties also updated the Court that two years have now passed since the STB denied the company’s request to bypass a full application and no work has begun on the application for a construction permit.
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by flex.202 | Dec 20, 2021 | Press Releases |
FOR IMMEDIATE RELEASE: December 20, 2021
Contact: Desi Burns Porter
desi@TexansAgainstHSR.com
TEXAS ATTORNEY GENERAL AND SOLICITOR GENERAL STAND WITH LANDOWNER IN HIGH-SPEED RAIL EMINENT DOMAIN CASE
Texas AG Ken Paxton and SG Judd Stone Weighs in at Texas Supreme Court with State Position Regarding Landowner Appeal and Recommends Court Reverse Dangerous Eminent Domain Ruling
Jewett, Texas – Solicitor General Judd Stone II and Attorney General Ken Paxton filed an amicus brief on Friday evening (Dec. 17) in the Jim Miles v. Texas Central case before the Texas Supreme Court, fully supporting Leon County landowners Jim and Barbara Miles.
The full brief can be viewed here.The Solicitor General and Attorney General based their support on statutory and constitutional grounds. We are encouraged by the State’s strong show of support for Texas private property rights.
SG Stone wrote in the brief, “The State takes no position on the wisdom or utility of building a high-speed train between Dallas and Houston. But private actors who seek to seize private property using eminent-domain powers must strictly comply with statutory and constitutional conditions governing the use of such powers. Respondents [Texas Central and ITL] have not.”
For seven years, the proposed Dallas to Houston HSR project has weighed heavily on Texas landowners, abused their private property rights, and encumbered real estate transactions. After an initial trial court ruling in favor of Miles in 2018, the Corpus Christi Court of Appeals reversed it in 2019. The Texas Supreme Court initially denied Miles’ petition to hear his case, but granted rehearing and set oral argument on Miles’ appeal for January 11, 2022.
Currently, Texas Central has no permit to construct its project, nor has it even applied for a construction permit with the federal level Surface Transportation Board. Texas Central does not have the majority of the land needed to complete the project, including the three proposed station locations, as the owners of those properties recently indicated
their desire to sell the property to any HSR provider willing and able to purchase. Since 2014, Texas Central has told the public, elected officials, and investors that the project would be entirely privately financed, yet
recently reversed course and began lobbying for Infrastructure Plan funds. In need of a reported $30B to complete the project, the
Infrastructure Plan passed by Congress does not include specific funding for the project or general funds for which the company would qualify.
The brief filed by the SG’s office is clear that the past activities, corporate structure and financial state of the project coupled with the very high level of uncertainty that the project would ever even be built does not meet a threshold that would support Texas Central’s claim that it has eminent domain authority.
The brief reads, “Respondents are not operating anything resembling a railroad. That they might possibly do so someday is not enough. The second category refers to small, localized, electric railways that are designed to transport passengers between a city and its surrounding areas. Respondents’ proposed multi-billion dollar, cross-state, high-speed train does not fit the bill.”
“Respondents also cannot satisfy constitutional constraints requiring private actors to demonstrate a ‘reasonable probability’ that they will complete their public-use project. Simply put, the Respondents failed to establish a likelihood that they will ever succeed in raising the substantial capital required to complete their high-speed train, let alone that such a train will one day actually operate and serve the public interest. This Court should accordingly reverse and render judgment for Miles.”
Texans Against High-Speed Rail and Jim and Barbara Miles appreciate the time and effort of Attorney General Paxton, Solicitor General Judd Stone II, and their staff for this clear and definitive amicus brief and feel confident the Supreme Court of Texas will strongly consider this position held by the State to protect private property rights.
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