Mover Mike

On March 18, I posted about Eminent Domain in Freeport, Texas.

A local government wants to force two businesses to sell their land to build a private yacht marina, backed with a $6 Million loan from the local government. For 50 years, loads of Texas gulf shrimp have been bagged and stacked at Western Seafood in Freeport. Wright Gore, of Western Seafood, was asked to sell by the developer and refused. So the developer went to the local government and asked them to use their power of eminent domain to force the sale. The city felt that the public interest was served by "best use" of the property. Both Western Seafood and Trico Seafood have filed a federal lawsuit against the city of Freeport and the Freeport Economic Development Corp. to stop the land acquisition.

Now according to TF Stern's Rantings

because of Kelo v New London ...officials in the beachfront town of Freeport, south of Houston, said they would move aggressively to condemn property owned by two seafood companies to clear the way for an $8 million private marina.”

Eminent Domain

My friend TF Stern is off on a great rant, Eminent domain added to agenda in Texas. It's about an arrogant official, Freeport City Manager Ron Bottoms, when confronted by possible changes to the way Texas handles "eminent domain", that could interrupt the city of Freeport's plans to seize the property of two seafood companies to make way for an $8 million private marina”, said he isn't sure whether Janek's (Sen. Kyle Janek, R-Houston) bill would halt the city's plans, noting that "we're well into the process." Eminent Domain

TF Stern, in an update to his post about proposed legislation in Texas to stop the use of eminent domain, finds that an an amendment has been proposed to exempt the Freeport City land grab.

"we're well into the process."

You can say that again! Eminent Domain

As you know the City of Frepont is seeking to use eminent domain to "steal" land that is owned by private interests who have no interest in selling and turn it into a yacht club. Texas passed legislation to protect property from seizure through the use of eminent domain, but a neat little amendment was inserted that would exempt the City of Freport T.F.Stern has posted extensively about this issue.

"SECTION 4. Chapter 2206, Government Code, as added by this Act, applies only to the taking of private property by eminent domain for which a condemnation petition is filed on or after the effective date of this Act. A taking for which a condemnation petition is filed before the effective date of this Act is governed by the law in effect immediately before that date, and that law is continued in effect for that purpose."

From The News & Observer, (Gov.) Perry (of Texas) signs law limiting property seizures

Texas' governor signed a law Wednesday strictly limiting the power of state and local government to seize private property for economic development.

The question is: Did Governor Perry get a lot of publicity for signing a bill that exempts the "steal" by the City of Freport?

In a related action, in California,

A Senate committee killed a constitutional amendment to ban the state's use of eminent domain to take private property for private use. But it supported a temporary ban against using eminent domain to seize owner-occupied homes.

...snip...

California last amended its eminent-domain laws in 1993. To use the condemnation process, a property first must be designated for redevelopment because of physical and economic blight. Officials must pay the fair market value for the property and owners have the right to go to court to appeal the condemnation.

Same old out - BLIGHT! It appears that the Pols are not going to protect your property rights. Eminent Domain