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Eminent Domain and High Speed Rail Right of Way

There has been much said and many lawsuits enacted over the Right of Way of the new High Speed Rail projects in Florida, Texas, and California.  The projects have faced protest from those that are in the path of the new transportation and refuse to negotiate a sale or use of their property.  When an impasse is encountered, then the state has the option of just 'taking' the property for the 'Public Good'.  Here is an example of the objection to the HSR in Texas...

"“For the rural counties impacted by the proposed routes, this project would only serve as a detriment. Although rural counties may benefit from a few jobs during the construction phase, the long-term costs far outweigh any temporary benefit. This project holds real consequences for rural constituents, their property and their livelihoods. Private property interests will be taken by eminent domain. Farm and ranchland, often held by families for generations, will be divided, creating a loss in access and a loss in revenue for those who rely on farming and ranching to make a living. The value of nearby land will decrease due to sight, noise and restricted use of property caused by the high-speed rail.”

Now in Florida, California, and Texas the HSR systems proposed are on both public and private lands, public as major highways, i.e., I-5, I-95, I-35, etc., or private as in neighborhood homes or regional farms. 

The BorderTransportationSystem should have very few property disputes and even fewer Eminent Domain disputes as it travels along the U.S.A. / Mexico border and thus, along much of the land that is already federally owned, is parkland, river bank, or is part of a aqueduct system. The route is designed to cut off access from one area to another, i.e., U.S.A. / Mexico for Border Security Reasons.  Since the route is remote, there will be very little deterioration of property values, and in most instances near the stations the property values will increase.

 Additionally, unlike rails that pass through or over a person's property without offering any added value to the property, the BorderTransportationSystem is designed to provide financial benefits to all property owners along the route, thus reducing domain disputes.

In California the shortsightedness of some who are trying to divert the HSR funds from the HSP project to local water saving projects is causing financial problems for the system.  People do need water, but that should be a separately funded project, and not take away from the HSR project that will eventually tie to all the nation's railroads, thus providing safe transportation of passengers and goods to all 48 continental states.  The BorderTransportationSystem to the southwest will be a boom as it is designed to bring WATER to the dry barren deserts of California, Arizona, New Mexico, and Texas.


Index of ...

Fight Over Texas Bullet Train — and Eminent Domain — Heads to Washington {Legal rights and oppositions}

High Speed Rail & Eminent Domain {Legal rights and oppositions}

History of California High-Speed Rail {Legal rights and oppositions}

Is a plan to use high-speed rail money for water projects too political to win?

 

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