James Fredrick Miles, who owns property in Leon County along the railway’s proposed route, sued Texas Central after it attempted to survey his property, arguing the company did not fit the Texas Transport Code’s definition of a “railroad company” or an “interurban electric railway company,” meaning it could not exercise eminent domain.
Miles asserted the relevant statute applied only to a type of electric railway car extinct since 1948 in the state. Miles also cited previous court precedent ruling that private entities must demonstrate a reasonable probability the project will be completed and produce “public good.”Secretive Elon Musk firm wants to build Austin-to-San Antonio tunnel loop for commuters
The Texas Supreme Court rejected Miles’ arguments, saying that state law is “simply not limited in the way that Miles and the dissent contend,” and the speed, size or distance of the railway would not prohibit the project from consideration as an interurban electric railway.The 87th District Court granted
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