VICTORY FOR THE PEOPLE---TEXAS DEPARTMENT OF TRANSPORTATION
THROWS IN TOWEL ON CORRIDOR—I-35
COORDINATION WORKS TO PROTECT PRIVATE PROPERTY
October 7, 2009-----by
Fred Kelly Grant
Today, the Texas Department of
Transportation announces that it is giving up! It will submit to the Federal
Highway Administration a “NO ACTION” alternative for the I-35 section of the Trans Texas Corridor. Yesterday, a member of
the Transportation Commission admitted that the people have blocked the project.
While Governor Perry will take
credit for “listening” to the people in order to save his job against the hard charging competitor, Senator Kay Bailey Hutchison,
in fact his path was blocked a determined group of mayors and citizens in Bell County, Texas.
They formed the Eastern Central Texas Sub Regional Planning Commission and forced the Texas
bureaucrats to the negotiating table under the “coordination” process which levels the playing field for local government.
Here is how it happened, and
why. In mid 2006, Dan and Margaret Byfield set out to find a way to stop the
I-35 project. They live near Taylor,
Texas, and the quarter mile right of way would cut a swath through the country
side just a scant mile from their private property. The data collected even by
the State itself showed that the noise from the massive highway-rail corridor would make their property uninhabitable, unless
the state spent MILLIONS of dollars in some noise masking process which cannot even be explained in lay terms. Moreover, the ecosystem which lends the special character to their land and the surrounding land would
be destroyed. Their property rights would be reduced to nothing more than compensation
for their land, compensation set by the State without any regard for the intangible losses connected with the property and
what it means to the Byfields.
They began to research the statutes
of Texas and found in the Local Government Code a requirement
that all state agencies coordinate with local regional planning commissions. Because
of their work as Directors and Executive officers of American Stewards of Liberty they were well aware of how successful the
“coordination” process has been for local governments in dealing with federal agencies regarding federal lands. But, yet to be tested was a state requirement of coordination related to private lands only.
Dan spoke with the sponsor of
the statutory language and learned that the intent had been to give local government some “say” in its dealings with the Texas
Department of Transportation (TXDOT). He sponsored the statute because he was
tired of seeing TXDOT run over local government and its citizens.
The Byfields also found a Texas appellate court decision that said that the words “coordinate”,
“coordination”, “coordinated”, unless otherwise defined by the legislature, meant the common everyday usage of the words. Turning to a dictionary, the court said the terms meant “equal; not subordinate.” So, the Texas statute used the same word that Congress
has used with regard to federal agencies, and the Texas
courts had defined the word in the same way as it had been defined federally. Plus,
they knew now that the sponsor of the legislation had intended that very meaning.
Dan and Margaret called a meeting
of their neighbors and met Ralph Snyder, a local businessman from Holland,
Texas. Ralph is a giant of a man
in all ways---size, intellect, courage, and his “just do it” attitude which would fit perfectly into the Nike image. He immediately joined up with the Byfields and began to contact local elected officials. The “local regional planning commission” referred to in the statute could be formed
by any two or more towns.
Strategically, they waited until
the Texas legislature went out of session before they moved. Their fear was that the legislature, which was prone to give the Governor and TXDOT
everything they asked for the Trans Texas Corridor, would amend the statute and remove the “coordination” requirement.
After the legislative session
ended, Ralph contacted the mayors of four towns in Bell County, Texas and set up a meeting to discuss “coordination” and how it could work. The mayors of Holland, Bartlett, Little River,
and Rogers attended, as did members of the school districts
associated with the towns.
These local officials had opposed
the corridor plans from the beginning, but they and their citizens were being ignored by TXDOT. Why did they oppose the corridor? The plan proposed would
place a quarter mile wide right of way directly through prime farm ground which provides the economic backbone for the towns.
It would physically, geographically
divide the towns. Their law enforcement, medical services, and fire services
would be prevented from serving citizens effectively on both sides of the super highway.
The TXDOT plan called for limited access to the highway, with exits to be no closer than seven miles. That would literally mean that if an accident occurred directly across the superhighway from the site of
emergency medical services in Holland, the EMT’s would have to drive seven miles to cross the superhighway, then seven miles
back to the accident, and then make the return fourteen mile trip.
Many of the residents of the
towns commute to jobs outside the immediate area. They would move in order to
avoid the inconvenience, and increase in fuel costs, that would result from the limited access superhighway. Not only would
the economy of the towns be destroyed, so would the social cohesiveness of the towns and their people.
The school districts are among
the best in the state. Their teacher-student ratios are low enough, and quality
based enough, that they rank highly in state evaluations. The superhighway with
its limited access points would disrupt school bus lines to the point of rendering the district alignments unworkable. The danger from that result was that the state would step in and re-assign district
lines. The local control that had built these districts in stature would be lost.
All these concerns had been stated
in public meetings, but the bureaucrats were not listening. Thousands of Texans
were appearing and protesting the corridor plans, but Governor Perry’s response was “no is not an option”, the superhighways
would be built.
The economy of the towns is agriculturally
based. The TTC I-35 plans would destroy the agricultural use of 145 acres per
mile through the entire county. Thousands of acres of the black lands farming
ground would be lost to agriculture. These valuable lands soak up rain water like a sponge, and the spring rain is slowly
released throughout the dry summer that follows, making water intense crops possible and profitable. Those lands are considered
the most sensitive and productive in the nation even by the same Texas
government that planned to destroy them for a concrete superhighway.
After meeting with Snyder and
the Byfields, the mayors, with approval from their city councils, formed the Eastern Central Texas SubRegional Planning Commission. Ralph Snyder became the citizen member of the Commission’s governing board. The Commission and its activities were joined by members of the school boards who could
not vote because of particular provisions related to governing of school districts.
The Commission appointed “associates”
who would assist the members with research, analysis and advice. Dan and Margaret
Byfield became associates and worked closely with the Commission the rest of the way.
Other associates were Marcia Snyder, Ralph’s boss, who is a master of internet research, Cindy Ross whose mastery of
prior transportation plans inconsistent with what TXDOT was now saying was invaluable, and Mickey Burleson whose analysis
of the natural environmental damage to be done by TXDOT was critical. Another
associate who has always remained anonymous contributed with research as to virtually unknown and undiscoverable facts from
the past.
Harold Kurtz, president of the
Holland independent school district Board, and Kerry Owen,
member of the Little River-Academy school board quickly and enthusiastically joined with the mayors. Joan Kurtz, Harold’s wife, became the recording secretary of the Commission’s governing board.
And the mayors? Those unpaid mayors who should today be considered Texas heroes were Mae
Smith of Holland, Ronnie White of Little River, Arthur White of Bartlett
and Billy Crow of Rogers.
Mayor Smith was elected president of the governing board and has been the chief spokesman for the board from that time
on. The population of the four towns taken together just barely exceeds 6,000.
This group had the temerity to
serve notice on TXDOT that it was required to coordinate with them, and that coordination meant that it came to the table
on an equal footing with the board, and had to use good faith efforts to resolve conflicts between state policy and plans
and local policy and plans. The Commission let the Texas
bureaucrats know that they expected the coordination to occur just as it did between federal agencies and local government
under federal natural resource statutes: the state agency would sit equally with the local government and make all good faith
efforts to resolve inconsistencies between state plans, policies and actions and local plans, policies, and actions.
The Commission set a meeting
date, and after about a month’s delayed response (no doubt while TXDOT checked with the Attorney General to see what these
“wacko” mayors were talking about) the Texas Department of Transportation agreed to send representatives to Holland, Texas for a meeting.
The mightiest of Texas
state agencies was coming to Holland to meet with the four
unpaid mayors and their school board cohorts.
At the time of that first meeting,
nearly two years ago, the environmental impact statement being prepared by TXDOT was due for delivery to the Federal Highway
Administration for selection of the route for the superhighway---a route of destruction for these towns and their neighboring
land owners.
In that first meeting, the bureaucrats
learned that the members of this Commission knew what they were talking about---from all standpoints, economic, social, cultural,
political---and were steadfast in their position: if you must build, do so along the already constructed Interstate 35 which
would avoid destruction of productive farm land and the towns and districts themselves.
Of course, such a common sense
approach did not fit the plans of the state of Texas. It had the grand scheme of turning over the new superhighway to a Spanish company
which would collect the tolls FOREVER and which would have the exclusive right to establish all new businesses along the superhighway
corridor: service stations, motels, restaurants. The profit motive for the Spanish
company would not allow placement of the new roadway as a widening of the already existing interstate. The cost to the Company of condemning existing business property would be far greater than that of condemning
farm land. The reason for carving the new superhighway through the most productive
farm land in the State was greed---more bang for the buck.
Through the past two years, the
Commission expanded its coordinate process to include the Environmental Protection Agency which has ultimate oversight over
the preparation of the environmental impact statement, the National Resource Conservation Service which has supplied valuable
information to the Commission regarding protection of the black-lands, the Texas Department of Environmental Quality, and
the Texas Department of Parks and Wildlife.
The Commission filed a letter
with TXDOT, and with the Federal Highway Administration requesting that the Draft Environmental Impact Statement be recalled
and that the study begin anew in order to take into account the adverse impacts on the economy and social structure of the
communities which had been woefully neglected in the Draft.
When that request was not approved,
and it became clear that TXDOT had no intent to change its study or report which ignored all the adverse impacts pointed out
by the Commission, the letter was followed with a Petition to reject the Draft Environmental Impact Statement. The Petition detailed the flaws in the environmental study, the manner in which the National Environmental
Policy Act was being violated, and the failure of the Department to coordinate in accordance with Texas law.
The actions of the Commission
held up submission of the Draft EIS to the federal government for approval for nearly twenty months. Only the Commission’s actions could have held up submission of the Study, because until the Commission
stepped up, nothing was even slowing down the project.
As the Commission plagued the
bureaucrats with its “coordination” process, other similar commissions were formed throughout the state along other portions
of the I-35 corridor and the I-69 corridor. All other commissions demanded
the same coordination process with the State that had been started by the folks in Holland,
Bartlett, Little River-Academy and Rogers.
Finally, yesterday, the State
did what no one would have bet good money on two years ago: announced the scrapping of the I-35 Trans Texas corridor. Today the Governor makes it official, and will take credit for “listening” to the
voice of the people. That is just so much political claptrap.
The Eastern Central Texas Sub-Regional
Planning Commission held up the project, and news of its actions spread through the state, resulting in formation of other
commissions. A s each
new commission was formed, more and more publicity showed that the people of Texas
had finally found a way to be heard. The political result was that the past session
of the legislature refused to cave in to TXDOT and the Governor. So, Perry called
a special session of the legislature which again refused to cave in. The people
of Texas had been heard at least by their legislative representatives. Senator Kay Bailey Hutchison, who is running against Perry in the Texas gubernatorial primary, took up the cause against the Trans Texas Corridors, and is
threatening the Governor at the polls.
So Perry has decided to stop
the bleeding if he can. Mayors Mae Smith, Ronnie White, Arthur White and Billy
Crow, at the instance of Ralph Snyder and the Byfields, started a process that brought TXDOT to the table and its knees and
the Governor to a common sense decision. Along the way they were joined by Mayor
Hal Senkel of Buckholtz as a voting member of the Commission’s governing board.
This group DID what American Stewards of Liberty have been promoting
and working for: as local government they brought a powerful state agency to
the negotiating table on an equal footing, and were HEARD.
American Stewards of Liberty
point out regularly that local government was the most important level of government when this Republic was formed, and can
still be so today. It is the level of government through which the people can
be heard. It is the level of government which can help the people take back their
state and federal governments which have grown to the point at which they can ignore the people.
They took the first major step
in making the coordination process work outside the public lands arena; they made it work for private lands, they made it
work under a state, not federal, statute; they made it work for local government dealing directly with a powerful state agency
determined to have its own way.
Today their victory for the people
of Bell County
opens the way for people in all states to deal with state agencies that refuse to listen to local concerns. In Texas history, their names should
be remembered for this victory.
Remember their names as you give
thanks for the continued vitality of the American spirit, for the continued belief that individual rights are too important
to be sacrificed to and for powerful state officials: Mae Smith, Ronnie White,
Arthur White, Billy Crow, Hal Senkel, Ralph Snyder, Harold Kurtz, Kerry Owen---and Marcia Snyder, Joan Kurtz, Cindy Ross,
Mickey Burleson, and Dan and Margaret Byfield.
I hope they put a plaque on the
wall of the Holland, Texas
community center where the coordination meetings were regularly held: a plaque
which reads “The Trans Texas Corridor Stopped Here.”
