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Eminent Domain |
It was early in the year 2001 that MCEAA became aware of the fact that Vulcan Materials personnel were visiting with landowners, offering to buy easements in the areas of the original 3 routes. Vulcan met great resistance in their efforts. So Vulcan informed landowners that if they would not sell/give easements for the rail line, their neighbors would, and they would have nothing but dusty train cars going past their property. This fostered distrust and suspicion among the landowners.
Some decided to solve this problem and joined in covenants with each other, placing a restriction on their deeds. This restriction prohibits a rail line on their property, and stays with the deed through any subsequent sale, gift or inheritance. The wide, covenanted area encompasses an approximate 36 square miles between the Vulcan proposed quarry and the Vulcan proposed rail line's destination point. The destination point, which is located at the Union Pacific Rail Line on Hwy 90, at Dunlay Acres Lots 10, 11 and 12, is approximately 7 ½ miles south from the proposed quarry. The covenants were executed in March, April, and May of 2001, and include 9622 acres, 106 landowners, and 59 parcels of land. There was nowhere for the rail line to go except through covenanted property.
Realizing that buying or leasing any of these lands for a rail line was out of the question, and that easements could only be obtained through eminent domain, Vulcan quickly formed their own rail line company, the Southwest Gulf Railroad (SGR). In November 2003, Vulcan/SGR applied for a permit to build the rail line from the federal government, the Surface Transportation Board (STB). This permit would automatically give them with the right of eminent domain to condemn the land for the easements they needed for their rail line.
Over the next several years, with the help of their attorneys, MCEAA members wrote many letters to STB, held private and public meetings, circulated petitions, and demanded and obtained detailed studies. After many STB studies, a delay of 5 years, and many changes to their original plans, Vulcan nonetheless obtained their permit. (The full story is in our website section Vulcan, Rail Line)
After the landmark Kelo condemnation case in the U. S. Supreme Court, eminent domain legislation is now the responsibility of each of the states. This spring, Texas enacted eminent domain legislation that further protects the property rights of Texans. On August 26, 2011, an important eminent domain case, Texas Rice Land Partners vs. Denbury Green Pipeline, was ruled on in Texas Supreme Court, in favor of the landowner. This case closely parallels the Vulcan/SGR situation. This decision confirmed that a public use of the rail line must truly exist. The Vulcan/SGR rail line will only be for the benefit of a private company, Vulcan Materials. This decision is a powerful tool for landowners to use against a company attempting to take their land for its own use through eminent domain powers.
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Texas Supreme Court Decision, Eminent Domain, opinion delivered August 26, 2011 |
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Texas Landowner Bill Of Rights, by the Attorney General of the State of Texas |
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Senate Bill No 18, effective September 1, 2011 |
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Texas Farm Bureau Article July 2011 |
 Castle Coalition |
| Information on eminent
domain cases nationwide |
| A project of the Institute for Justice.
a public interest law firm famous in the case of Kelo vs. New London |
| www.instituteforjustice.com. Click on Case Information, Private Property
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| www.gideonstrumpet.info
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Medina County Environmental Action Association, Inc. for your Home, Health & Heritage
