MISSOURI CITY POISED TO TAKE OVER QUAIL VALLEY COUNTRY CLUB BY EMINENT DOMAIN “City officials decided to try to purchase the property because of fears that the owners would shutter the club and redevelop the site. If the club were closed, city officials and many residents feared, property values in the city would plummet.” The city would run a golf club and park on the 390-acre lot. Price: $3.1 million. [Houston Chronicle]
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This is the fear I had from the Kelso vs New Haven ruling from the Supreme Court.
Prior to the ruling, Missouri City would have no right to take this property under eminent domain. Now, any government entity can take any property for any reason…..
This has nothing to do with Kelso v. New Haven. In fact, Texas has not adopted Kelso v. New Haven and condemning authorities here cannot take property for private use (such as a shopping mall). This will be a municipal golf course. It is a taking for a public purpose, just like building a highway, drainage ditch, or park.
BTW, it’s Kelo. But G is right, the Kelo ruling only said that such a taking was perfectly legal in the absence of any local law prohibiting it.
(whoops–hit Enter too soon)
Texas only allows eminent domain for public use, but a golf course is a public use (public recreation). Kelo doesn’t affect this case at all.