Cleburne Times-Review, Cleburne, TX

Local News

June 4, 2008

Commission adopts new policies

Property rights safeguards included

By Matt Smith

msmith@trcle.com

The Texas Transportation Commission formally reaffirmed existing policies and adopted new rules Thursday that address public concerns about its transportation plans.

The TTC agreed to adhere to five requirements plus two additional requirements that address property rights safeguards.

The main requirements are:

zx The state will retain ownership of its state highways and will not transfer ownership to private developers.

zx All contracts entered into by the department will contain provisions that allow the state to buy back any facilities that have been leased to a private developer.

zx The department will only approve initial rates for toll projects in a public meeting and in coordination with local metropolitan planning organizations.

zx Tolls will only be imposed on new lanes, and the amount of non-tolled lanes on existing roads will not be reduced.

zx No contract entered into by the department will include any limitations or prohibitions on improvements needed to existing or future highways.

The property-rights safeguards include:

zx The department will use existing rights of way and easements when possible so that private property is not taken when it is not needed.

zx Transportation projects will be planned, subject to environmental regulations, so existing property is not split into separate tracts.

Thirty-four members of the Texas House of Representatives, who are also members of the Texas Conservative Coalition, sent a letter to the TTC on Feb. 4 asking that they adhere to existing transportation safeguards. Thursday’s orders grew out of response to that letter, State Rep. Rob Orr, R-Burleson, said.

“Citizens throughout District 58 and across the state have expressed concerns to me and my colleagues in the Legislature about various transportation issues addressed by the commission,” Orr said. “I am pleased the commission has listened to the Legislature and the citizens of Texas and reaffirmed these policies.

“Transportation infrastructure is critical to the future growth of Texas. I am working to ensure that the state’s transportation needs are met responsibly, and with respect for private-property rights. This latest action by the commission is a step in the right direction.”

Concerns about transportation largely grew out of concerns regarding the Trans-Texas Corridor project, Orr said.

“Even with today’s recommitment to sound principles, I will remain vigilant in the important challenge of creating a transportation policy that meets the needs of the people of Texas, and respects private-property rights,” Orr said.

Orr is a member of the Texas Conservative Coalition, the conservative caucus of the Texas Legislature. Orr serves as chairman of the House Committee on Land and Resource Management where, during the 80th Legislative Session, he chaired that committee’s eminent domain subcommittee.

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