To clear the air of misinformation being circulated by rural Texans trying to kill a high speed rail project between Dallas and Houston we asked Texas Central to clarify why they need approval from the Surface Transportation Board  (STB) in Washington before they can proceed.

Texas Central is in a unique position being the first railroad developer in the U.S. to build a line capable of running true high speed trains up to 200 miles per hour. This being new ground for the Federal Railroad Administration (FRA), the STB and other federal and state agencies it's rightly so to result in questions and caution flags being raised.

Unfortunately, officials and members of the public in rural counties between Dallas and Houston have circulated some inflammatory statements that TCR went to the feds to circumvent state laws on eminent domain. Texas Central denies it and in a news release May 4, 2016 stated that their request to the STB "is the latest step in the project's compliance with state and federal regulations" and is similar to any other railroad building a new line.

TCR indicated that a "Texas Two Step" procedure will be followed in acquiring any property to build the line. The company indicated that they will first work with landowners on a fair price for property access and sign agreements, contingent on the project gaining approval. Then, once the FRA, STB and others sign off on the project, the agreements would be consummated and construction would begin.

In Texas Rail Advocates' opinion, there are no smoky back room deals to be found.

Related story: http://texasrailadvocates.org/wp-admin/post.php?post=1996&action=edit

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Here's some of the Questions and Answers concerning the STB filing:

Why was the STB petition needed now?

Texas Central said they are committed to working with federal and state regulators and complying with all laws in constructing and operating a high-speed rail line. Texas Central is asking the STB to confirm its jurisdiction, bringing the project in line with the nation’s other major passenger and freight railroads that STB regulates.

Does this remove protections afforded to Texas landowners under state law?

No. Texas Central said they are required to seek STB certification for this project. Texas Central is thus complying with the federal regulatory process that all newly constructed rail lines must follow.

The petition filed with the STB will in no way override any state protections afforded landowners. The petition merely seeks a clarifying order regarding the application of the STB’s own federal regulations to the first steps of the land acquisition process.

What is the historical reasoning for filing an STB petition?

New passenger and freight rail lines generally require STB authorization, and Texas Central’s request is the latest step in the project’s compliance with state and federal regulations.

Will the STB’s decision allow Texas Central to acquire by condemnation land not needed for the train route?

No. Texas laws govern how Texas Central can acquire property, and they said they will comply with all of those laws. Also, Texas Central has committed not to take physical possession of any land until after the STB issues a certificate of construction.