BUILD IT AND THEY WILL TAKE IT

The Next Wave in Superhighways, or A Big, Fat Texas Boondoggle?

To see the future of transportation in Texas, you have to drive out to the prairie north of Austin, past the sprawling plants of Dell and Samsung, to the farthest suburbs, where wild grass and cornfields nuzzle up to McMansions with their perfect green lawns. There, giant earthmovers, their wheels taller than a Texan in his boots, are ripping up the gummy, black soil to lay a 49-mile stretch of concrete tollway. State Highway 130, at a cost of $1.5 billion, is the biggest highway project under way in the U.S. today. It is also the first test in concrete for the Trans-Texas Corridor (TTC)--a radical rethinking of the nation's Eisenhower-era roadways. The brainchild of Texas' Republican Governor, Rick Perry, the TTC would, if built, completely transform the state's highways over the next 50 years, creating a 4,000-mile network of multimodal corridors for transporting goods and people by car, truck, rail and utility line. Each corridor would have six lanes for cars, four additional lanes for 18-wheel trucks, half a dozen rail lines and a utility zone for moving oil and water, gas and electricity, even broadband data. The corridors could measure up to a quarter of a mile across. The projected cost, at least $183 billion, is more than the original price tag for the entire U.S. interstate system. But Texas, going it alone, is seeking private companies to take on the mammoth job of constructing, financing, operating and maintaining the network. To pay for the roads, developers will rely on a familiar but long-neglected method of financing: tollbooths. Opponents of the corridor range from environmentalists (the Sierra Club has called it "evil") to the Texas Republican Party, which has urged the legislature to repeal it. Texas, which is losing more land to sprawl than any other state, would need more than 9,000 sq. mi. of right-of-way for the corridors, affecting critical wetlands and pristine prairie lands. The Big Thicket National Preserve, considered "the biological crossroads of North America" for its mix of habitats, was put on the list of most-endangered parks by the National Parks Conservation Association this year, in part because of the threat from the Perry plan. Environmentalists have found an unlikely ally in traditionally conservative landowners worried about property rights. David Langford, an activist for the Texas Wildlife Association, is organizing farmers and ranchers whose land could be cut in half or condemned by the Trans-Texas Corridor. An early plan for central Texas showed a corridor passing near the homestead Langford's family settled in 1851. With the state's new "quick claim" ability — granted under TTC legislation — his family homestead could be gone in 90 days, he says, transferred to private investors operating the corridor. Though he would be compensated financially, he's still steamed. "I can't believe Rick Perry's grandfather would want his house and ranch taken and turned over to Paris Hilton's family to build a hotel on one of these roads," he says....


1 mile equals $595,625, jury decides

When Canal Winchester offered Richard "Pete" Stebelton $9,249 for a 1-mile strip of his property, Stebelton thought the payment was too low. Boy, was it ever. This month, a Franklin County Common Pleas jury decided the village should pay the farmer and used-car dealer $595,625. Canal Winchester wants the land to link a bike path between Rager Road and the village swimming pool. It used eminent domain to take a strip of Stebelton's 80-acre property and hired an appraiser who determined that the $9,249 would be enough compensation. "It wasn't fair at all," Stebelton, 75, remembers thinking. Stebelton was the only one of eight property owners who didn't agree to sell his land to the village for the path. Instead, he went to court to challenge the village's valuation. The jury decided Sept. 20 that the land the village wants, along the northern edge of his property, is worth $37,000. But the jury also decided that by taking it, the village was closing off a back entrance to the property and damaging the value of the rest of Stebelton's land by $558,625. "I was thrilled. I would have to be," Stebelton said of the victory, adding that the trial "put me through one hell of a miserable week." Stebelton lives in a home built in 1825. He grows hay and raises horses on the land he bought 21 years ago for $300,000....

Landowners' options for challenging pipeline limited

South Dakota law appears to give TransCanada the right to exercise eminent domain in building the Keystone crude oil pipeline from its proposed entrance in the state at the North Dakota border to where it would exit across the Missouri River near Yankton. If TransCanada is indeed free to compel easements from landowners, the only way it might be prevented from using them for a pipeline is if the federal government or the state Public Utilities Commission refuses to issue permits for Keystone. The South Dakota statute on energy transmission facilities requires "that a facility may not be constructed or operated in this state without first obtaining a permit from the commission." The PUC is holding public hearings on the pipeline in December, and the U.S. State Department also expects to decide late this year whether to issue a permit to allow Keystone to cross the U.S. border. TransCanada officials say they hope to begin construction in South Dakota next year. The proposed pipeline has become a contentious project for several reasons. Among them: Environmental concerns are associated with building it across wetlands, and it proposes to carry as many as 590,000 barrels of crude oil per day beneath the state to oil refineries in Illinois and Oklahoma. Also, TransCanada's plan to use eminent domain has infuriated some landowners and others who question whether a Canadian company should be able to condemn land in the U.S....