Posted on 07/22/2004 3:24:40 AM PDT by eastforker
Residents: Proposed Yacht Marina Will Not Help Community
POSTED: 10:05 am CDT July 21, 2004 UPDATED: 10:26 am CDT July 21, 2004
HOUSTON -- A Brazoria County coastal town has big plans to develop a marina to bring in money to the city, but the News2Houston Investigators reported Monday that some residents say all that money will go to the developer and not the community.
In Freeport, local government is forcing businesses to sell their land to build a private yacht marina, the station reported.
(Excerpt) Read more at click2houston.com ...
"If this property is taken by eminent domain, then we're basically out of business," said Wright Gore, of Western Seafood.
The city of Freeport is trying to buy, or use its power of eminent domain to acquire part of Western Seafood's land, as well as another complex owned by Trico Seafood. The land will not be for a new road or building but instead it will go toward a privately owned yacht marina -- a deal that comes with a $6 million loan from the city. Freeport leaders hope it's the key to bringing new visitors and business to town.
"We feel that we're going to benefit every person who lives in the city of Freeport," Freeport City Councilman Jim Phillips said. "We feel like we're going to benefit the people we hope to attract to the city of Freeport."
The Gore family has owned itsproperty for half a century, and said it is a sweetheart deal for the developer, not residents.
"In this case, it's taking private property and handing it over to another private property owner. In this case, it's our next-door neighbor," Gore said.
But Mayor Jim Barnett argues using eminent domain for a private business is justified because the proposed marina will benefit the public good, not just the developer.
"This is a recognized practice, encouraged by the state of Texas for the benefit of all," Barnett said.
The practice of eminent domain is common across the country.
In five years, a newly released report by the Institute for Justice documented more than 10,000 examples of local and state governments taking land for everything from casinos to condos.
In one Texas case, a street full of homes was condemned to expand a parking lot for a shopping mall.
"When government steps in and says we have an opinion about your property and says we're going to trump your use of it to give it to another person in the private sector, that's clearly morally flawed," said Barry Klein, head of the Houston Property Rights Association.
But South Texas College of Law professor Paul McGreal said the Supreme Court has ruled that the term "public good" gives local governments a lot of latitude when dropping the hammer of eminent domain.
"The only way I see it becoming likely to have challenges is if there is some sort of public backlash -- if the public sees this as an abuse of government, overreaching," McGreal said.
In Freeport, the Gores are counting on that public backlash.
"We're taking a stand to fight for our property rights and the property rights of lots of other Freeport residents," Gore said.
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.
A Galveston federal judge has heard the case and has yet to make a ruling.
On The Net:
Tell me, please - where is the land of the free, and the home of the brave? I seem to have misplaced it.
A case of government taking private property from citizens and giving it to another citizen for profit. Meek how bout a Texas ping?
It is abuse but according to the article it is not the first time this has happened either.
Guys, "Public {and annointed} Private Partnership" strikes again. "Sustainable Developement" for "The State". Peace and love, George.
Bump for day crew.
This is much barbra streisand.
It can, it has, and it will continue to.
The courts favor the government in these disputes. They are on the same team. That fat pension has to be paid for one way or another.
Y'all have fun with this, I gotta go to work.
They've been trying to do this for at least ten years that I know of. Five to ten miles away in Klute and Lake Jackson they are building Malls and new neighborhoods and half of downtown Freeport is boarded up since the oil bust of the eighties.
I took it the marina was going to be a city, i.e., public facility. Am I wrong? At least the city has to buy them out with eminent doman.
A far worse situation IMHO is when the EPA says you can't build such and such here because we have to protect the "bugeyed cockroaches" or something. Then the owners are SOL with the property; they can't develop it and they can't sell it because no one would want land that can't be developed. It should be considered seizure and the owner compensated under the ??? Amendment but it doesn't happen that way.
More out-of-control city governments...
And one we've got to put an end to!
It doesn't matter...we're at war now. Keep quiet and step back in line.
Stories like this make me physically ill. I'd be a small bit better with it if they had to pay the owner 50 times the fair market value of the land.
I like your idea. Here's more.....give owner appraised value of property after development or 50 times the curerent appraised value whichever is greater.
BTTT
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