Comment: For years, toll highway will tie Texans' hands

San Antonio Express-News ^ | November 11, 2006 | Donna Council

[Tolerance Sucks Rocks]

As the controversy escalates regarding the Trans-Texas Corridor, I find alarming an Express-News article dated March 12, 2005. It is titled "State gets in fast lane to new toll road system" and subtitled "Go-ahead given for planning Trans-Texas Corridor segment."

It is the announcement of the signing of the first contract for this project, and it extols the "cutting-edge, bold and forward-looking" aspects of Rick Perry's plan.

Yet today, amid the discussions about farmland, foreign involvement and NAFTA, I hear little about the subject of one small paragraph near the end of this article. The paragraph reads, "Traffic levels on I-35 will help determine toll rates and limits on building competing public roads. A certain amount of congestion is needed to create a market for toll roads."

To ensure profitability, the contract can limit expansion of existing roads and/or the building of new roads well beyond the dimensions of the corridor. This would be most critical for I-35, but could also limit local efforts to improve road infrastructure and development extending for several miles either side of the corridor.

Potentially, this would create a recipe for disaster if too few drivers choose to avoid the tolls and continue to drive existing roads. Nearby municipalities could have their hands tied by this contract.

Also, considering the rising cost of transportation, the influx of and relocation of population, economic growth or downturn and environmental impacts, it is very difficult to predict transportation needs very far into the future.

Yet this contract will allow a private, for-profit venture, comprised in part by a foreign company, control over the road infrastructure for the next 50 years.

The citizens of Texas could, in their efforts to address local and regional transportation issues, be severely limited by a veto power provided by this long-term contract. The effect on Texas and its citizens could be potentially devastating.

As I approach 60, I realize that this control will continue until my 110th birthday. My 20-year-old granddaughter will be 70 years old at that time. It is difficult to understand how our government entities can value the concept of electing public officials for two six-year terms, yet hand over this kind of authority over the citizens of Texas for 50 years.

The legacy passed on by this very unwise decision is undeserved by future generations.

[Orange1998]

The toll road proposal is similar to football, basketball and baseball stadium deals. I have always believe the government should stay out of private business. Let them build the toll road but let it sink or swim based on it's own two feet, not the taxpayers.

[the final gentleman]

Wrongo, Paleo, freedom of movement is essential to the continuance of a free society. If capitalists pigs own 50 miles of land and restrict movement of the people just to make a buck then we can rightly apply our Constitutional rights of Eminent Domain.

[EnochPowellWasRight]

"Let them build the toll road but let it sink or swim based on it's own two feet, not the taxpayers."

If it's going to be "private business", let them buy the land without using force and at FAIR market value.

[deport]

The right of free movement throughout the Republic must be guaranteed to all and not impeded by political greed.

---

Are you saying that bus lines, ships that ply the gov't owned waters, rail lines that traverse the continent, planes, taxis, etc. should provide 'free movement' thoughout the Rrepublic?

[org.whodat]

The greatest thing in the world, a republican gave us a free interest highway system, now the republicans take them away, and they don't call it a tax increase. Every truck that goes down that road will make the consumer pay five times his fee. But then the great country of Spain needs the money.

[the final gentleman]

Of course not. Roads are essentially different.
The poor can walk on these roads, or ride buggies or crawl.
But in an open society all men must have unrestricted access to all public places, otherwise, our so-called freedom is a joke.

[1rudeboy]

You have a very interesting definition of "free."

[org.whodat]

Toll road are fundamentally unconstitutional.

This has already been decided by the supreme court, they are illegal, unless they have a termination date, however, the toll road operators have always been able to buy enough politicians to get and extension. The great conservative congress last years slipped a loop hole in the transportation bill allowing toll roads to be expanded and to convert current interstate highways to toll roads. However, try and find out who put it in the bill?????

[org.whodat]

You have a very interesting definition of "free."

You know I always said the same thing, whenever I was on the left coast. Where they all call the interstate highway's, "freeways".

[100-Fold_Return]

If the Texas MSM is so vehemently against this; with planting shills on internet sites, then this has to be a winner!!

[1rudeboy]

In a strict sense, the TTC is more free than a freeway . . . you don't use it you don't pay for it, whereas your typical Interstate sucks money out of your wallet in a number of ways (even if you don't use it).

[Dog Gone]

It should be named the George Bush Memorial Mexican Invasion Highway.

Only by those who think any road that actually goes to our border is a bad idea. Did you know that we already have a lot of those?

[the final gentleman]

That's odd, org.whodat. Can unidentified people introduce changes into congressional bills?

No wonder wethepeople are beginning to think that all politicians, Republican and Democrat, are corrupt.

[deport]

and to convert current interstate highways to toll roads. However, try and find out who put it in the bill?????

---

Is that the pilot programs that are to be tested?

[Gunslingr3]

In order to participate in the mechanics of a society movement must not be restricted by the ability to pay money.

Whew. Good thing I have my constitutionally provided automobile, eh?

There's nothing whatsoever unconstitutional about a toll road. Point out the Article and clause it contravenes if you think otherwise. This pap about 'participating in the mechanics of society' is nonsense. You pay to play in this world.

The issue here isn't even the toll road itself, it's the notion that the toll road's authorization can be used to prevent other road construction and guarantee the toll route more traffic.

[Ben Ficklin]

So the gal that wrote this happened to be lounging around, reading an news article from March of 05 and decided to comment on it in Nov of 06?

Yes Virginia, there is a non-compete clause, but, apparently, her concern is based on an 18 month old news article, rather than on the recently released documents.

[the final gentleman]

To the point, gunslinger.

No state shall impede commercial intercourse between the states.

"The Dormant Commerce Clause is a long-standing legal doctrine in U.S. Constitutional law that limits the power of states to legislate in ways impacting interstate commerce. The premise of the doctrine is that the U.S. Constitution reserves for Congress the exclusive power to "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes" (Article I, § 8); therefore, individual states are excluded from, or at least limited in, their ability to legislate on such matters. The Dormant Commerce Clause does not expressly exist in the text of the United States Constitution. It is, rather, a doctrine necessarily inferred by the U.S. Supreme Court and lower courts from the actual Commerce Clause in of the Constitution.

In its effect, the doctrine often operates as a kind of free-trade clause as among the states. The Supreme Court, in explaining the necessity for the dormant Commerce Clause, said, "Our system, fostered by the Commerce Clause, is that every farmer and every craftsman shall be encouraged to produce by the certainty that he will have free access to every market in the Nation."

Toll roads are unconstitutional.

[Ben Ficklin]

You can't apply the Dormant Commerce Clause because everyone has to pay the same toll.

[eleni121]

Yes, please add me to the corridor discussions

[Tolerance Sucks Rocks]

We also have highways running all the way to Canada. Heaven help us all! /s