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Texas Farm Bureau State Director Albert Thompson testified during a recent Senate Committee on Transportation and Homeland Security hearing regarding the Trans Texas Corridor.
By Mike Barnett
Editor
Start all over with the Trans Texas Corridor. And let the legislature oversee future highway planning.
That was the gist of the testimony delivered by TFB State Director Albert Thompson on behalf of the Texas Farm Bureau during a recent Senate Committee on Transportation and Homeland Security hearing on the massive transportation project.
"...it appears to us that the legislature has given the Texas Department of Transportation what amounts to a blank check worth approximately $180 billion," Thompson said on Feb. 9. "We would feel more comfortable if citizens had the opportunity to voice opinions with elected officials who should have the responsibility of making decisions regarding the future of the Trans Texas Corridor.
"We ask that the legislature take responsibility for approving projects relating to this corridor, if it is to continue. More importantly, we believe this corridor concept should be scrapped and future highway planning be given serious oversight by the legislature."
Noting that delegates overwhelmingly voted against the Trans Texas Corridor at the TFB annual convention in December, Thompson said the lack of access due to the division of family farms and ranches is the major reason for opposition. As proposed, he said, the Corridor provides rights-of-way through rural Texas of up to 1,200 feet. If considered as acreage, that amounts to 146 acres per road mile.
"Furthermore, the Corridor will negatively affect wildlife and hunting in many areas of the state where hunting has become a major part of farm income," Thompson said. "We believe the impact will be devastating to the agricultural industry and rural communities."
Thompson, a cow/calf producer and timber owner from Martinsville, said Texas Farm Bureau believes the first option for new roads and highways construction should be to use current rights-of-way.
"If new land is needed, at a minimum, landowners must have reasonable access to their property in situations where farms and ranches have been divided," he testified, adding that without proper access, valuable time would be lost in agricultural production activities. "Such guarantees were not included in HB 3855 last session."
Farm Bureau members also oppose the corridor because of the special authority the Texas Department of Transportation has for condemning land. Chapter 361 of the Transportation Code gives the department and turnpike authorities the right to take possession of land before the court has ruled on the condemnation.
"We believe this provision, known as 'quick take,' violates due process and should be repealed," Thompson said.
In addition, the department has the authority to condemn land for private business. The statute, he said, explicitly allows the taking of private property for service stations, restaurants and warehouses.
"We strongly feel that condemning private property on behalf of private businesses is not the taking of private property for a `public purpose' as allowed by the constitution," Thompson said.
Groundwater is also a concern. Stronger language—that explicitly prohibits an entity from leasing the right to drill or operate a groundwater well in the corridor—needs to be included in the Transportation Code, he testified, citing the potential devastating impact wells large enough for a public water supply in the corridor could have on adjacent landowners.
Farm Bureau's final concern, Thompson said, deals with loss of tax base to rural schools and counties.
"Any loss further compounds the current funding problems with public school and county operations," he said. "Not only will rights-of-way not be taxed, but any private business located on the right-of-way will also not pay taxes on their structures. Local taxing entities will lose revenue on the land and improvements."
