All Aboard: Understanding Property Rights in Texas After Texas Central

Abstract

Our forefathers intended the United States Bill of Rights to protect individuals from government overreach. Specifically, the Fifth Amendment, as applied to the States via the Fourteenth Amendment, in part protects individuals from unnecessary takings. Eminent domain authority—its more common name—has long been recognized as a power to be used cautiously and only when necessary. Although most often associated with government exercise, states are permitted to grant this unyielding authority to private entities via their state constitutions and statutes. Despite Texas serving as a beacon for individual property rights, the Texas Supreme Court’s recent decision in Miles v. Texas Central Railroad & Infrastructure, Inc. creates concern for the future of private property rights in Texas. This Note reviews the history of mass transportation in Texas, highlights eminent domain law, analyzes the recent decision, and points out the negative consequences likely to follow.