Legal - High Noon for High Speed Rail

Big picture: The first of its kind in the United States if it rolls out, the high-speed train would connect Dallas to Houston and take 6 years to complete and cost about 20 billion. Construction is expected to begin in 2021 if the remaining permits are acquired, if the money arrives, and if it isn’t legally blocked. That’s a lot of “ifs.”

The key players: Governor Abbott, Texas Central (the construction company), Japan, and Texans Against High Speed Rail (a non-profit organization). 

The first problem: Property rights. Texas Central says they are, legally speaking, a railroad and wants to exercise eminent domain (where they pay a market price for the parts of land they need). Some affected land-owners aren’t buying it, taking their arguments to court. Splicing together chunks of land for a 200 mph bullet-train that connects two urban centers is the fastest way to reach Texas’ longest rivalry: city vs. country, urban vs. rural.  

The second problem: Money. So far, the funding for the project has been through private means, but opponents argue that Texas Central is under-funded and once the rail gets going, it’s only a matter of time before the public is on the hook for the bill. Yet, with President Biden’s seriously loaded infrastructure plan making serious waves in Congress, there is a chance the feds might chip in to help cover costs. Heck, Secretary Pete Buttigieg even name-dropped Texas in reference to the bill.

Where they stand: Abbott has given the project his blessing, putting him squarely on team-choo-choo. Texas Central has more paperwork to file and court cases to fend off and money problems, but they are a shovel away from breaking ground (if Uncle Sam buys that shovel). Japan has promised 300 million in addition to its technology. The land-owners and others in opposition of the project are represented by the organization Texans Against HSR, and are playing their cards with the courts and the legislature where they have found success in the past.

How did Japan get mixed up in all of this? Similar to Apple’s annoyingly unique charger, rail technology isn’t universal. Japan stands to gain from this whole Texas venture by increasing its grip on the global market for high-speed rail. As countries deal with climate change and congested roads, rail presents itself as a valuable solution to both. Some opponents such as Rep. Steve Toth (R-Conroe),