The California High Speed Rail has been making headlines
lately, as certain developments and decisions have propelled it forward, while some
ongoing hurdles still need to be overcome. This is after all a tremendous
project which will most likely continue to face challenges even as construction
work is executed. Many California residents have been and will be affected by
the project, as it progresses through each stage. This will serve as an overview
of where the project currently stands and what impacts we can expect to see from
recent legal decisions as well as the work
of the High Speed Rail Authority.
The High Speed Rail Authority this week achieved an
important victory when a Superior Court judge ruled
in it’s favor in a lawsuit where opponents claimed current plans are in
direct violation of the 2008 bond measure that set forth the parameters of the high
speed rail project.
Although the overall sentiment regarding the high speed rail
in California has
been declining since voters approved the project in 2008, it appears to have the backing of the state
government as well as the courts. In the aforementioned case, plaintiffs claimed
that because of significant changes and modifications, the high speed rail in it’s current form has pivoted
too far away from what voters approved in 2008. They argued that plans have
been altered to such an extent that the project no longer aligned with the initial cost, construction schedule, and
the bullet train’s service once it’s built.
In the 2008 bond act, important criteria were laid out for
the building schedule of the various portions of the project, ultimately to
span from Sacramento to San Diego, as well as the operation of the actual
bullet train. Recent plans have the high speed rail sharing a track with a
commuter train in Northern California, thereby increasing expected travel time. Train service that fails
to meet the required maximum travel time between certain points were
specifically cited in the lawsuit. The judge however, stated
in his ruling that nothing in the Bond Act precluded the High Speed Rail
Authority from making changes that are necessary to facilitate the rail’s
progress and that due to the dynamic nature of the project the Authority still
has the opportunity to meet the Bond Act’s requirements.
At each step the high speed rail authority is re-evaluating
and changing plans, as unexpected challenges
arise. This is perhaps most evident when it comes to condemnation and land acquisition. In the San
Joaquin Valley, the eminent domain process is taking much more
time than anticipated. The process of negotiating with landowners, which
can certainly be lengthy due to the complicated nature of eminent domain
proceedings, is more protracted than the high speed rail authority counted on
initially. Furthermore, as original plans for the rail have changed course, additional
land acquisition has
become necessary. According to the Fresno Bee, as of last month 668
properties of the 1,468 required for the project have been acquired by the High
Speed Rail Authority.
The above-mentioned lawsuit held that a scenario where the
High Speed Rail ran on the same tracks as a commuter train would be anathema to
the service promised by the Bond Act. It’s
possible that the
electrification of Caltrain, a commuter line that serves the Bay Area,
could facilitate the construction of the High Speed Rail sooner in that region
than expected.
Finally, a large engineering/infrastructure corporation based in Spain, called Ferrovial,
has cemented a
deal to build a portion of the high speed rail located between Fresno and
Bakersfield. Ferrovial will be carrying out construction and relocation work in
an area spanning approximately 22 miles, and is expected to be completed by
2018.
