DESPITE PLANNED HSR STATION, BRAZOS VALLEY OPPOSES
DALLAS HOUSTON HSR PROJECT

Brazos Valley Council of Governments Passes Resolution Opposing Proposed Dallas Houston High-Speed Rail

Jewett, Texas – Despite increasingly heavy courting by Texas Central Partners (TCP) over the past two years and a planned station to service the area, Brazos Valley opposition to the proposed Dallas Houston High-Speed Rail was made official through a resolution passed by the Brazos Valley Council of Governments (BVCOG). After an hour long discussion among BVCOG members in which TCP representatives were included, the resolution to oppose the project passed overwhelmingly Wednesday, March 9, which is a solid blow to the company’s claim of strong support in the Brazos Valley because of its purported station to service the area.

The Brazos Valley Council of Governments Board is made up of five voting members from each of the seven member counties, including Brazos, Burleson, Grimes, Leon, Madison, Robertson and Washington Counties. The BVCOG, which is the regional planning commission officially sanctioned by the governor of Texas, previously voted in support of the HSR project in concept in March 2014. However, since then, the glaring reality of lack of public information about ridership and new information that eminent domain would be used to acquire property, has led the body to oppose the project, in spite of a planned station to service the area. The council expressed their concern about this private project not meeting the threshold of public benefit that historically justifies the use of eminent domain, citing lack of public need. The resolution emphasized the vast opposition within and outside the Brazos Valley region including counties, cities, towns, state legislators and the Texas A&M student body.

Kyle Workman, president of Texans Against High-Speed Rail, said, “We appreciate the work of BVCOG to critically review this project and oppose it for all the negatives it can bring to their area and our State, and, importantly, despite the marketing ploy by TCP to entice support by a proposing a station in their area. The Brazos Valley COG has sent a strong message to the Japanese investors that one of the main target markets for this project absolutely does not support it.”

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TAHSR Sues Texas Attorney General Ken Paxton and TxDOT

Jewett, Texas – Texans Against High-Speed Rail (TAHSR) has filed a lawsuit against Ken Paxton, Texas Attorney General, and the Texas Department of Transportation (TxDOT) seeking information being withheld from the public about the proposed Dallas Houston High-Speed Rail (HSR). In a clear effort to withhold critical information from the public, Texas Central Railway (TCR) and TxDOT executed a non-disclosure agreement on October 12, 2014, which says that any and all information shared by TCR to TxDOT should be kept confidential from the public. As a result, responses to requests for records made through the Texas Public Information Act have been heavily redacted and are obviously incomplete.

Kyle Workman, president of TAHSR, said, “As property owners and taxpayers, we are entitled to information about a project intending to use eminent domain to take our property and eventually our tax dollars. We are challenging the Attorney General’s decision so the citizens of Texas can have full access to information that is lawfully theirs. Through every available option, Texans Against High-Speed Rail is committed to ensuring an open and honest discussion about the realities of this HSR project.”

TAHSR properly requested information regarding the Dallas Houston HSR from TxDOT on March 20, 2015. Instead of producing what should clearly have been public, TxDOT requested a decision from the Attorney General’s office on withholding a significant amount of documents. Immediately thereafter, TCR sent a letter attempting to influence the Attorney General to allow TxDOT to withhold documents provided by TCR to TxDOT. TCR concealed the basis of its supposed legal arguments by redacting virtually the entire argument in the copy of such letter provided to TAHSR. TCR’s calculated actions seek to eliminate a Texas Public Information Act challenge by concealing which categories of documents were wrongfully withheld.

On July 23, 2015, the Attorney General issued his decision allowing TxDOT to withhold information from the public about the proposed Dallas Houston HSR. TAHSR is compelled to take action to challenge the Attorney General’s decision and gain access to all the information about the Dallas Houston HSR so that this private project receives the proper public scrutiny it deserves, especially given TCR’s plan is to use eminent domain, one of the strongest authorities of the state.

Blake Beckham, special litigation counsel for TAHSR, said, “TCR has repeatedly claimed they are transparent; in truth, TCR is cloaked in secrecy. TCR wrongfully entered into a non-disclosure agreement with a state agency in an effort to conceal public information of great importance. Then, TCR sent a letter to the Attorney General asking him to bless TxDOT’s refusal to disclose TCR’s documents to the public, but TCR blacked out all of its legal arguments before sending the letter to TAHSR. By using secret legal arguments to conceal secret agreements which hide public documents, TCR is using star chamber tactics to conceal vital public records related to the proposed Dallas Houston HSR. In another eminent domain setting, Gov. Greg Abbott said the Government still respects private property rights and should end unconscionable land grabs. Unfortunately, our Attorney General has supported TCR’s efforts to conceal public information in this attempted land grab. As a result, we are exercising our right under the Texas Public Information Act to seek an impartial ruling from an impartial court, free from TCR’s influence.”

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OPPOSITION TO HIGH-SPEED RAIL CONTINUES TO GROW OUTSIDE PROPOSED PATH

Robertson County Opposed to Dallas Houston HSR

Jewett, Texas – The Robertson County Commissioners Court has recently passed a resolution opposing the Dallas Houston High-Speed Rail proposed by Texas Central Partners, sending a strong message of growing opposition from those outside the currently proposed routes. At the February 11 Commissioners Court, County Judge Charles L. Ellison and Commissioners Keith Petitt, Donald Threadgill, Keith Nickelson and Robert Bielamowicz voted unanimously to oppose the project based on the negative impact it would have on the county, primarily through the unknown financial viability of the project that could lead to taxpayer subsidies and the new precedent setting use of eminent domain for a private project that does not meet the historically justified threshold of public benefit.

Judge Ben Leman, Grimes County Judge and TAHSR Chairman, made a presentation to the Robertson County Commissioners Court to share information about the project and potential impacts to their county. Through their ongoing investigation to gain further information about the HSR project, the Robertson County Commissioners Court found, and even mentioned in their resolution, that Texas Central had not provided sufficient information about the project to alleviate or limit their concerns.

Following the passage of the resolution, Judge Leman said, “This resolution is evidence that counties not in the current proposed routes of the Dallas Houston HSR are clearly understanding the potential for negative impact to their county and citizens. This project isn’t good for urban or rural property owners, urban or rural taxpayers or the State of Texas. The leadership of Robertson County should be commended for taking a proactive stance in opposing this project on behalf of their citizens.”

Robertson County joins others outside the currently proposed paths of the Dallas Houston HSR, including Montgomery County, Walker County, and the Texas A&M student body.

Please visit www.TexansAgainstHSR.com for more information about Texans Against High-Speed Rail, Inc. and TAHSR Land Defense Fund.

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TEXANS AGAINST HSR COORDINATES WITH
TEXAS A&M STUDENT SENATE TO OPPOSE DALLAS HOUSTON HSR

Jewett, Texas – In a nearly unanimous roll call, the Texas A&M University Student Senate, speaking on behalf of the student body, sent a clear message Wednesday night condemning the use of eminent domain by a private company, specifically the proposed Dallas Houston High-Speed Rail project. Texas A&M Senate Bill 68-36, entitled the Eminent Domain Opposition Act, was authored by Wayne Beckermann, Vice President of Municipal Affairs and public administration master’s student in the Bush School of Government and Public Service, and sponsored by Rules and Regulations Committee Chair Carlos Sonka, a senior petroleum engineer major.

Although Texas Central Partners has promoted Texas A&M University and Sam Houston State University student support for their project, Texas A&M student senators were only contacted late last year to garner official support. Chair Sonka reached out to Texans Against High-Speed Rail recently to get information to support their proposed act, and TAHSR responded with information, as well as coordinating speakers for their meeting, including State Senator Charles Schwertner, State Representatives Trent Ashby and John Wray, County Judges Ben Leman (Grimes) and Trey Duhon (Waller) and TAHSR President Kyle Workman, all of whom represent areas that would be negatively impacted by the proposed HSR.

As part of the justification for their project, Texas Central has identified Texas A&M University students as a key customer base and long touted them as supporters. However, university student senators recognized the potential for private property rights infringement and took swift action, sending a clear message to the company and investors. Chair Sonka said following the successful passage of his bill, “I am proud our body was able to see through the well-funded special interests and professional lobbyists that tried to influence us, and clarify – overwhelmingly – that Texas A&M students are against the use of eminent domain and will not support the rail’s taking of private property from unwilling sellers.” The student senate ultimately voted 60 – 2 for the act showing that every facet of Texas A&M, through the various caucuses, stands united in opposition to the general use of eminent domain by private companies and, specifically, the expected use of eminent domain by the Dallas Houston HSR.

Vice President Beckermann supported the opposition bill by responding to Texas Central’s vague and inconsistent information about their project. “We’re being asked to support ‘It depends.’ And that’s just not going to work. I’m not okay with this body, this institution, supporting something that still ‘depends.’ We need private companies to approach us before using us, we need to develop hard stances on things like this, and that’s exactly what this bill is about.”

In last night’s senate meeting, Rep. John Wray said, “What I want to ask you to do is to vote in favor of this bill, because if you do that you’re voting in favor of property rights. If you do that you’re voting in favor of fair market value. If you do that you’re voting in favor of keeping the phrase ‘willing’ in front of the phrase ‘seller.’ And you’re voting to uphold the free market.”

The landslide 60 votes to support the bill indicate when given available data and additional background from Texas Central as well as those officials opposed to the project, it is hard to support this private company use of eminent domain. “I argue that there certainly is not a public benefit that is consistent with the threshold of public benefit that has been long established in the State of Texas,” Judge Leman said in the meeting held on the Texas A&M campus in College Station. “I consider it to be a private project for a private purpose.”

Texans Against High-Speed Rail applauds the members of the Texas A&M Student Senate taking a strong stance on private property rights in Texas and for being the voice of all Texas A&M students. Despite Texas Central claims, Texas A&M students are now added to the long list of those who do not support this HSR project.

Kyle Workman said, “Along with our state and local elected officials, TAHSR is proud to stand with the Texas A&M University Student Senate to oppose eminent domain by private companies. This is yet another clear message that Texans value their private property rights, and, as taxpayers, we remain concerned about inevitable taxpayer subsidies when this Japanese funded project fails to meet its financial obligations.”

Please visit www.TexansAgainstHSR.com for more information about Texans Against High-Speed Rail, Inc. and TAHSR Land Defense Fund.

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TEXANS AGAINST HSR ANNOUNCES LAND DEFENSE FUND AND LITIGATION PARTNERSHIP WITH THE BECKHAM GROUP

Jewett, Texas – As opposition to the Dallas Houston HSR continues to grow, the leadership of Texans Against High-Speed Rail has created a special litigation partnership with Dallas law firm, The Beckham Group, as well as formed a new Texas nonprofit corporation named TAHSR Land Defense Fund. Blake Beckham, co-founder of The Beckham Group, will champion the private property right of Texans by focusing his litigation efforts on stopping the project to protect landowners whose property would be devastated by this unwarranted project.

Because eminent domain is typically a last resort, and this project is far from the point of being approved to acquire property through eminent domain, the TAHSR Land Defense Fund was created to offer landowners a collective effort to protect their lands and ecologically sensitive natural resources and wildlife from being harmed long before eminent domain is necessary. This should ease the burden from landowners to retain individual counsel at this point. TAHSR Land Defense Fund is a Texas nonprofit corporation, which is applying for tax exemption under Section 501(c)(3) of the Internal Revenue Code to be effective for 2016; if the IRS grants the exemption, donations to the fund may be tax deductible.

Mr. Beckham said of his collaboration with TAHSR, “When faced with the prospect of a private company, Texas Central Partners, backed largely by Japanese interests, attempting to misuse the power of eminent domain to scar the beautiful countryside of Texas, I knew this cause needed my legal experience. Texas landowners and taxpayers should not have to bear the devastation this unneeded project will bring to our state.”

Kyle Workman, president of Texans Against High-Speed Rail, shared at a recent private meeting of Land Defense Fund members, “Texans Against High-Speed Rail represents a broad coalition of Texans who oppose the proposed HSR, and with the recent formation of the Land Defense Fund, landowners now have a way to support a legal fight that no one landowner should shoulder alone. Mr. Beckham, who is committed to stopping the project entirely…not simply moving it off his own property, will work with us to protect some of Texas’ most precious land.”

Please visit www.TexansAgainstHSR.com for more information about Texans Against High-Speed Rail, Inc. and TAHSR Land Defense Fund.

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