Thursday, April 14, 2011
Bet those 90 businesses and property owners in the path of Trinity River Vision are glad to hear about the law...too bad the Tarrant Regional Water District is above the law. WHY is that?
ASK your "leaders".
Heck, even ask Sal.
Which of the following items are acceptable uses of the power of eminent domain by the city?
I strongly support private property rights. Eminent domain is dictated by state and federal law. Our U.S. Constitution in the 5th Amendment has the following language: “…nor shall private property be taken for public use, without just compensation…” Eminent domain under state and federal law can be used to address infrastructure whether it be road, water, sewer, etc. It does include right of way acquisition through eminent domain for transportation projects. Under state law, one CANNOT use eminent domain for economic development. It is allowed for urban blight and parks. Obviously, if a property is substandard and there is a threat to the public health, safety, or welfare of the public, the governmental entity after due process to the property owner , can demolish the structure. In conclusion, I favor following federal and state law on eminent domain.