Royal Lakes Estates - Richmond (Houston, Santa Fe: for sale, HOA, lawyers)

[pdouglas]

Can anyone give me feedback regarding Royal Lakes Estates (Richmond, TX)? Considering a home in the community. Lots of homes for sale? is this a product of the economy or something else? How is the commute to Houston? The chools.

[Houston321]

I know it was a Parkstone Estate Homes Development and they went under a while back. Besides that and the train, it's a nice area.

[katy_momof3]

know someone that lives there and they seem to like it

[lekarenl]

You do realize there is something huge going on between Royal Estates and the Burlington RR, don't you. Look it up on the internet, you'd be surprised. That's why everyone is bailing out.

[City Love]

Have you considered Bridlewood Estates?

[Houston321]

What is going on that is huge? Why all the mystery, do tell.

[pdouglas]

Yea, what is huge. I inquired about the Burlington railroad and was told that the county won the suit and the entry to the subdivision will remain. If the county lost the suit, the entry would be moved to somewhere off of Crabb River Road. Is there more?

[pdouglas]

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[SIZE=5]Royal Lakes residents outraged by possible closing of access road[/SIZE]
[SIZE=2]By Cheryl Skinner[/SIZE]
[SIZE=2]The residents of Royal Lakes, an upscale subdivision near Booth, are angry about what they describe as strong arm tactics by representatives of the Burlington Northern and Santa Fe Railway Company who allegedly told them the company was about to shut down the only entrance to the community. Precinct 1 Commissioner Richard Morrison says that isn’t going to happen and the railroad is bullying the residents to pressure the county to build a new road.[/SIZE]
[SIZE=2]The saga began over 11 years ago when the county initiated the condemnation proceedings to acquire some pieces of land for widening a road that connected FM 2759 and a county road across the existing railroad crossing that is owned by Burlington Northern and Santa Fe Railway (BNSF). The purpose of the condemnation was to construct the entry road to provide access to the Royal Lakes subdivision near Booth.[/SIZE]
[SIZE=2]BNSF filed a federal lawsuit in an attempt to stop the condemnation proceedings. The federal court dismissed the suit, without prejudice, because no property had yet been condemned.[/SIZE]
[CENTER][CENTER]Fort Bend Commissioner: “I don’t appreciate the railroad bullying my constituents”[/CENTER][/CENTER]
[SIZE=2]The county did go forth with condemnation and the action resulted in a jury trial in the court of County Court-at-Law Judge Susan Lowery. The court assessed a compensation fee of a little over $90,000 plus interest that Fort Bend County would pay the railroad for condemnation, after the jury found in favor of the county.[/SIZE]
[SIZE=2]The county appealed the assessment and the result was the June 21, 2007 opinion by 14th Court of Appeals Justices J. Harvey Hudson, Leslie Brock and John S. Anderson. The appeals panel vacated the local trial court’s judgment thus dismissing the county’s appeal. Officials said the court found that the federal courts had jurisdiction in the case.[/SIZE]
[SIZE=2]Representatives of BSNF showed up at a recent homeowner’s association meeting in Royal Oaks where they maintained they had won their battle against the county and would be shutting down the entrance road, Royal Lakes HOA President Gary Allman said.[/SIZE]
[SIZE=2]“Part of what they said was true, but we have met with the attorneys for the county and the railroad has not won in court. We are meeting with county officials next week and that should be very interesting.
Many of our residents were unaware this lawsuit was going on and taken aback after the meeting. I am still getting e-mails from people who are confused and angry,” Allman noted.[/SIZE]
[SIZE=2]Morrison, who says he has consulted with County Attorney Roy Cordes and outside counsel who represents the county in this case, dismisses the claim that the railroad has won anything at this point.
“Nothing could be further from the truth. The case is still very much active. Our attorneys were still taking depositions this week to see what BSNF claims their losses have been and they say the railroad hasn’t been able to show any loss and that is essential to a win.[/SIZE]
[SIZE=2]“And, as far as BSNF shutting down that access—it isn’t going to happen even if I have to personally go out there with my own chainsaw. No judge on earth would allow that. People’s ives would be in danger. I’ll just be damned if they are shutting down that crossing,” Morrison promised.[/SIZE]
[SIZE=2]In the 2007 successful appeal, the federal district court observed: “...although the Harrison Crossing location may have its own set of issues and costs to the property owners, developers and the public, it is hard to understand why defendants insist on pursuing a crossing over two active railway lines that will interfere with railroad operations when other viable entrances to the development are physically available. It furthermore is unclear why the Fort Bend County residents who live in or seek to visit the new development would want to negotiate their vehicles over a road that crosses two railroad tracks with frequent train traffic. Finally, it is unimaginable that the county would create a public road that in fact results in safety hazards to the county’s citizens. Thus, the court anticipates that the concerns expressed by Burlington will be fully considered during the road-planning process.”[/SIZE]
[SIZE=2]But the county did condemn, the road was built, and now the citizens are fighting a giant industry.[/SIZE]
[SIZE=2]Allman says it appears that the railroad has increased operations since the appeals court reversed the lower court’s decision over two years ago. He claims the 45 trains a day that deliver to the Smithers Lake, which is owned and operated by former Houston Lighting and Power Company as the cooling-water supply for a steam-electric generating station, come through the subdivision from midnight to 5 a.m. and blow their whistles continuously during the transport.[/SIZE]
[SIZE=2]Allman also says the railroad seems to strategically plan the long transfer stops that totally cut off access to the subdivision during peak traffic hours when residents are going to work.[/SIZE]
[SIZE=2]“They have blocked the entrance for 45 minutes to an hour at times in the mornings. The railroad claims we are impeding their commerce and nothing could be further from the truth. If anything, they have more trains in operation than before. The crossing isn’t what is backing up trains at the staging area, it is the number of trains now being staged,” Allman said.[/SIZE]
[SIZE=2]Allman said he is advising Royal Lakes residents to keep a calm head. “These are mostly professional people doctors, lawyers, and if they would close the entrance those people couldn’t make it to the hospital, doctor’s office, or court. And, what if someone was injured and needed emergency care? The railroad is bullying us, as the commissioner says, saying they will bring a bulldozer out. What they want is for us to pressure the county to build a back entrance at the county’s expense, for their benefit. That’s what this is about,” Allman noted.[/SIZE]
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[infoseeker7718]

This thread and info is very useful. Are there any updates to this issue, including any plans for alternate egress?