Thousands of Texans, from Houston to San Antonio to El Paso, now live under the threat of eminent domain abuse.  These home and business owners have well-founded fears that their property may soon be taken from them to make way for private redevelopment projects cooked up by developers and city officials.  The threatened homes and businesses are important parts of functioning communities, many of which have been there since the earliest days of Texas’ history as an independent nation.  Their only fault is that they are located on land coveted by developers and government officials. 

How did these rightful property owners become the targets of eminent domain for private gain, and why is this happening now?  The first question is easy to answer.  The U.S. Supreme Court opened the eminent domain abuse floodgates after its infamous 2005 decision, Kelo v. City of New London, which upheld the use of eminent domain to take private property for private economic development.  The High Court ruled that the mere potential that a development project might create more jobs and taxes was enough of a justification for such takings.

In her dissent in Kelo, Justice O’Connor predicted, “Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms.  As for the victims, the government now has license to transfer property from those with fewer resources to those with more.” READ MORE

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