Posted on 06/24/2005 8:16:19 PM PDT by InvisibleChurch
Freeport moves to seize 3 properties Court's decision empowers the city to acquire the site for a new marina By THAYER EVANS Chronicle Correspondent
FREEPORT - With Thursday's Supreme Court decision, Freeport officials instructed attorneys to begin preparing legal documents to seize three pieces of waterfront property along the Old Brazos River from two seafood companies for construction of an $8 million private boat marina.
The court, in a 5-4 decision, ruled that cities may bulldoze people's homes or businesses to make way for shopping malls or other private development. The decision gives local governments broad power to seize private property to generate tax revenue.
"This is the last little piece of the puzzle to put the project together," Freeport Mayor Jim Phillips said of the project designed to inject new life in the Brazoria County city's depressed downtown area.
Over the years, Freeport's lack of commercial and retail businesses has meant many of its 13,500 residents travel to neighboring Lake Jackson, which started as a planned community in 1943, to spend money. But the city is hopeful the marina will spawn new economic growth.
"This will be the engine that will drive redevelopment in the city," City Manager Ron Bottoms said.
Lee Cameron, director of the city's Economic Development Corp., said the marina is expected to attract $60 million worth of hotels, restaurants and retail establishments to the city's downtown area and create 150 to 250 jobs. He said three hotels, two of which have "high interest," have contacted the city about building near the marina.
"It's all dependent on the marina," Cameron said. "Without the marina, (the hotels) aren't interested. With the marina, (the hotels) think it's a home run."
Since September 2003, the city has been locked in a legal battle to acquire a 300-by-60-foot tract of land along the Old Brazos River near the Pine Street bridge as well as a 200-foot tract and 100-foot tract along the river through eminent domain from Western Seafood Co. and Trico Seafood Co.
Eminent domain is the right of a government to take private property for public use upon payment of the fair market value.
The tracts of land would be used for a planned 800- to 900-slip marina to be built by Freeport Marina, a group that that includes Dallas developer Hiram Walker Royall. He would buy the property from the city and receive a $6 million loan from the city to develop the project.
Freeport Marina would then invest $1 million in the project and contribute a 1,100-foot tract of land, valued at $750,000, to it before receiving the loan.
Western Seafood spokesman Wright Gore III said the wholesale shrimp company was disappointed with the Supreme Court decision, but believes the ruling does not apply to the city's eminent domain proceedings.
He said there is a provision in state law that allows residents of a city to a circulate a petition to call a vote on whether the city can take property using eminent domain.
"(This) is far, far from over," Gore said. "(We) would have liked to have seen a victory on the federal level, but it is by no means a settled issue."
Gore said Western Seafood's 30,000-square-foot processing facility, which sits on the 300-by-60-foot tract, would be forced to close if the land were seized.
That facility earns about $40 million annually, and Western Seafood has been in business in Freeport since 1946, he said.
City officials, however, have said the marina will still allow Western Seafood and Trico Seafood, which did not return telephone calls or e-mail Thursday, to operate their facilities.
In August, U.S. District Judge Samuel Kent ruled against a lawsuit filed by Western Seafood seeking to stop the city's eminent domain proceedings. The seafood company then appealed its case to the 5th U.S. Circuit Court of Appeals in New Orleans, a request that initially was denied.
The appeals court then decided it would take the case, but not rule on it until after the Supreme Court made a ruling on the New London, Conn., case.
Day old fish guts have an appeal all their own. They dispose of this stuff somewhere, right? Where does this Mayor reside? Where does the council reside? "Don't" rinse, but repeat as often as necessary. Dirty tricks is as good a place to start as any, by the dump truck load. Blackbird.
This is the secon worse decision ever by hte supreme court, Roe V Wade is the first. Flyer, it might be a good idea to push Perry to add a law to severely restrict ED in TX.
I wonder if the current owners can 'discover' some endangered slug or something living on the seawall.
Or discover the long thought extinct white-toed salamander.
Indeed. I for one, would refuse to convict.
Thought you might be interested, the New London decision leaves intact a state's right to limit its owm power of imminent domain. We here are button-poppin' proud that San Angelo's own state rep, Scott Campbell along with Frank Cort are introducing a state Constitutional Amendment to do just that. Of course, it can go nowhere without Perry's permission to add it to the special session. In that Perry is gung-ho for this super-highway corridor, I don't see him smiling on limits to state takings power.
Just so happens Gov. Perry will be in San Angelo for a 2:30 press conference today, local paper printed his long editorial on school finance reform this AM's edition. We are going to do our dead level best to get a question in asking whether he will open the session to a bill to protect homeowners' rights from well-heeled developers.
This is just so shabby, not even a fig leaf of good precedent. New London now allows cities to do at will what we would put individuals in prison for trying, calling it by its correct name, extortion.
I'll let you know if we have any luck getting the question past the stage managers. Entirely possible he comes in looking for the usual friendly reception he gets from solidly Republican Tom Green County, and lets one of us at least ask the question out loud.
What state is Freeport in?
First they came for the seafood companies but since it wasn't my property and my kids liked the new Disney store, I did nothing.
Without a market there is no such thing as fair market value.
Discovering an endangered plant might be easier....
All Texans need to get in touch with Gov. Perry's office Monday morning and tell him in no uncertain terms that we believe this assault on our private property rights is so serious that it should be dealt with FIRST in the special session about to get underway in Austin. Perry has said they might address it AFTER the school finance bill, which may never be settled, but governments in Freeport are not waiting to seize property. The bill protecting private property from the developers needs to be passed NOW and if the people don't speak up, you can be sure the developers have their lobbyists at the special session already.
Yep.
The Kelo ruling took out one of the biggest obstacles facing the TTC. Rick must be grinning.
AMEN!
Don't worry about the flamers, bee. I think it's horribly sad that some people don't have something in their lives they feel worth dying for.
You have to see them for what they are....PINOs. (Patriots in name only)
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[A] law that takes property from A. and gives it to B: It is against all reason and justice, for a people to entrust a Legislature with such powers; and, therefore, it cannot be presumed that they have done it."
Calder v. Bull, 3 Dall. 386, 388 (1798)
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"The moment the idea is admitted into society that property is not as sacred as the laws of God ... anarchy and tyranny commence. PROPERTY MUST BE SECURED OR LIBERTY CANNOT EXIST"
John Adams
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Government is instituted to protect property of every sort; as well that which lies in the various rights of individuals, as that which the term particularly expresses. This being the end of government, that alone is a just government, which impartially secures to every man, whatever is his own.
James Madison's Essay on Property (1792)
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Freedom's on the march. Let's keep deluding ourselves.
What has happened here is that the Supreme Court opened the door for corruption. These developers will wine and dine our civil masters. Pretty soon if they want to conficate someone's home it doesn't matter what for, they wil pretty it up and generate figures to say it'll be an economic boom for the community.
And get real; no one is going to fight and die over this. Revolution takes stones and most people don't have them. We'll all go home beleiving it won't be our property the pigs want. As long as it is the other guy oh well, too bad so sad.
Great post. Thanks for additional information.
My take is that if they come for my property, it becomes a second amendment issue. I hope others take the same attitude.
Sure. States like Georgia and Utah have legislation on the books that prevents the use of eminent domain to acquire property for private developers. Pressure the legislature to pass laws like that.
looks like texas
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