America’s first bullet train is already a failure and it hasn’t even been built (Texas)

[Cyber Liberty]

video is less than 3 minutes

That's nice.  I think I mentioned the video.  I get nothing from videos because I can't hear them.  My bad.  I'll have a chat with my ears about it, if I can ever hear over the ringing.

[Bigun]

Like a privately owned pipeline or power line, they are able to invoke eminent domain laws if they are a "common carrier", open to all to use.

If ExxonMobil builds a pipeline to only move ExxonMobil product, they cannot use eminent domain.  If Kinder Morgan builds a common carrier pipeline, FERC regulated, open to anyone to bid on moving product, they can use eminent domain.

So we are right back to taking property off the tax roll.

[thackney]

So we are right back to taking property off the tax roll.

Will the train be privately owned or government owned?  If private, the land will be taxed.

[Cyber Liberty]

Will the train be privately owned or government owned?  If private, the land will be taxed.

That's the way I understand it.  Since Kelo, if a State Constitution permits it, Eminent Domain can be used to seize private property from one party and given to another.  I know about the State Constitution limitation because AZ forbids the practice, and it was exercised in court when a hardware store tried to take a brake shop in Mesa, and lost in the AZ Supreme Court.  Friend of mine.

TX may be a State that forbids it, @Bigun would know.

[Bigun]

That's the way I understand it.  Since Kelo, if a State Constitution permits it, Eminent Domain can be used to seize private property from one party and given to another.  I know about the State Constitution limitation because AZ forbids the practice, and it was exercised in court when a hardware store tried to take a brake shop in Mesa, and lost in the AZ Supreme Court.  Friend of mine.

TX may be a State that forbids it, @Bigun would know.

@Cyber Liberty

Actually, I'm not certain and would have to research the matter.  I know there was an effort to pass a Constitutional amendment to that effect but do not recall whether or not it passed.  I would suspect that it did as it is rare for one to be voted down.

[Cyber Liberty]

@Cyber Liberty

Actually, I'm not certain and would have to research the matter.  I know there was an effort to pass a Constitutional amendment to that effect but do not recall whether or not it passed.  I would suspect that it did as it is rare for one to be voted down.

Good luck finding it.  A Google search says you have 491 to sift through.

Added:  This one looks promising, but an act of your legislature could overrule it:

http://www.lrl.state.tx.us/legis/billsearch/amendmentDetails.cfm?amendmentID=641&legSession=81-0&billTypedetail=HJR&billNumberDetail=14

[thackney]

Good luck finding it.  A Google search says you have 491 to sift through.

Added:  This one looks promising, but an act of your legislature could overrule it:

http://www.lrl.state.tx.us/legis/billsearch/amendmentDetails.cfm?amendmentID=641&legSession=81-0&billTypedetail=HJR&billNumberDetail=14

As written:

The constitutional amendment to prohibit the taking, damaging, or destroying of private property for public use unless the action is for the ownership, use, and enjoyment of the property by the State, a political subdivision of the State, the public at large, or entities granted the power of eminent domain under law or for the elimination of urban blight on a particular parcel of property, but not for certain economic development or enhancement of tax revenue purposes, and to limit the legislature's authority to grant the power of eminent domain to an entity.

That is the key for the items I am talking about with common carrier.  If anybody can buy a ticket, not limited to club membership, etc, then it is eligible to use eminent domain.  Normally it is in the company best interest to work it out before going to court for eminent domain.  When I did pipeline work, typically eminent domain was a last resort.

[Cyber Liberty]

As written:

The constitutional amendment to prohibit the taking, damaging, or destroying of private property for public use unless the action is for the ownership, use, and enjoyment of the property by the State, a political subdivision of the State, the public at large, or entities granted the power of eminent domain under law or for the elimination of urban blight on a particular parcel of property, but not for certain economic development or enhancement of tax revenue purposes, and to limit the legislature's authority to grant the power of eminent domain to an entity.

That is the key for the items I am talking about with common carrier.  If anybody can buy a ticket, not limited to club membership, etc, then it is eligible to use eminent domain.  Normally it is in the company best interest to work it out before going to court for eminent domain.  When I did pipeline work, typically eminent domain was a last resort.

The end ownership if the key.  If, in the end the taken property is owned by a private entity, it stays on the tax rolls, but if it becomes owned by the "public at large," then it's off the tax rolls, as @Bigun says.   

[Bigun]

As written:

The constitutional amendment to prohibit the taking, damaging, or destroying of private property for public use unless the action is for the ownership, use, and enjoyment of the property by the State, a political subdivision of the State, the public at large, or entities granted the power of eminent domain under law or for the elimination of urban blight on a particular parcel of property, but not for certain economic development or enhancement of tax revenue purposes, and to limit the legislature's authority to grant the power of eminent domain to an entity.

That is the key for the items I am talking about with common carrier.  If anybody can buy a ticket, not limited to club membership, etc, then it is eligible to use eminent domain.  Normally it is in the company best interest to work it out before going to court for eminent domain.  When I did pipeline work, typically eminent domain was a last resort.

I THINK that means that a private entity (The people wanting to build the train)  would have to get specific authority from the State of Texas in order to use eminent domain to acquire right of ways necessary for their privately owned choo choo!

[IsailedawayfromFR]

I THINK that means that a private entity (The people wanting to build the train)  would have to get specific authority from the State of Texas in order to use eminent domain to acquire right of ways necessary for their privately owned choo choo!

There remains a lot of abuse of this process which this group is attempting to influence legislation to correct so it is not so slanted towards business rather than the landowners.

I attended a public forum that examined the pending legislation.  Among other items where eminent domain is abused is that companies who obtain this state right have to be vetted, but after receiving right they frequently turn the right over to non-vetted companies.

http://www.texansforpropertyrights.com/news-and-events/coalition-of-property-rights-advocates-applaud-latest-eminent-domain-legislation/

[Bigun]

There remains a lot of abuse of this process which this group is attempting to influence legislation to correct so it is not so slanted towards business rather than the landowners.

I attended a public forum that examined the pending legislation.  Among other items where eminent domain is abused is that companies who obtain this state right have to be vetted, but after receiving right they frequently turn the right over to non-vetted companies.

http://www.texansforpropertyrights.com/news-and-events/coalition-of-property-rights-advocates-applaud-latest-eminent-domain-legislation/

@IsailedawayfromFR

Looks like the bill mentioned in the article you linked to died in committee.

http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=HB2684

Not surprised give who was making the committee appointment then.

[thackney]

I THINK that means that a private entity (The people wanting to build the train)  would have to get specific authority from the State of Texas in order to use eminent domain to acquire right of ways necessary for their privately owned choo choo!

They have to go through a court proceeding.  Same as a pipeline, electric power line, etc...

http://www.roysecityheraldbanner.com/texas/news/update-texas-central-responds-to-public-opinion/article_efb03157-c375-5a08-886e-02b2f48e180a.html

...Texas law has long has given use of eminent domain to railroads, pipelines, electrical lines and other industries that provide for a public good and a strong economy. A state judge earlier this year affirmed that Texas Central’s has that authority. ...