In re the Resolution of the City of Austin

OPINION

WILLIS, Judge.

Relator Soo Line Railroad Company (Soo Line) challenges the determination of respondent commissioner that respondent City of Austin (the city) met its burden of proving that a new grade crossing is necessary. Soo Line argues that (1) the commissioner’s ruling is not supported by substantial evidence, (2) the ruling is arbitrary and capricious, and (3) the commissioner does not have the authority to determine whether construction of *531the proposed grade crossing without just compensation is an unconstitutional taking. We affirm in part and reverse in part.

FACTS

Soo Line is…