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2017-06-22

Condemned Property

Letters to the Editor

An important hearing was heard by 38th Judicial District Judge Camille Dubose in a case involving Southwest Gulf Railroad’s attempt to condemn private property, May 8, 2017, in the Medina County second floor courtroom in Hondo. MCEAA has filed an amicus brief in the case, supporting the private landowner and explaining why Southwest Gulf Railroad cannot condemn his land. The hearing, which is open to the public, is to request that the Court consider the brief.
Southwest Gulf Railroad, a private company and a wholly-owned subsidiary of Vulcan Materials, is not a common carrier or a public use, and therefore is not entitled under the Texas Constitution and recent Texas Supreme Court decisions to condemn land for its proposed rail spur.
This spur will carry only Vulcan’s crushed limestone from its proposed quarry north of Quihi to the existing rail line at Hwy 90. The spur would divide the Upper Quihi Rural Historic District in half, making it ineligible for listing in the National Register of Historic Places.
Southwest Gulf Railroad does not want the Court to consider MCEAA’s amicus brief. It has committed to a failed strategy of eminent domain abuse, and now seeks to project its fear of failure outward onto this community, to intimidate individual landowners to give up their rights and pressure the courts and elected officials to do their bidding. Medina County landowners will not be silenced. Everyone who owns property or plans to own property should attend this hearing and the subsequent trial later this year.

Dr. Robert Fitzgerald
The Medina County Environmental Action Association