Once again, Texas legislators have filed bills aimed specifically at a single company–Texas Central–in an effort to stop the proposed high-speed railroad between Dallas and Houston. As an example, State Rep. Ben Leman has filed a bill that would require the line to be “compatible with more than one type of train technology.”
These bills are both dangerous and unprincipled.
Leman claims that if the bullet train is built, it should be done “in a way that is transparent and ensures the proper balance between the use of eminent domain and private property rights.” To accomplish this, he proposes to violate the property rights of Texas Central.
The right to property means the freedom to create, attain, use, trade, and dispose of material values. This includes the freedom to use whatever technology one deems appropriate.
More fundamentally, there is no balance between eminent domain and property rights. Eminent domain forces an owner to “sell” his property, regardless of his own desires.
If legislators are truly interested in protecting property rights, they would eliminate the use of eminent domain by private companies. Instead, they believe that they can protect property rights by violating property rights.