Eminent Domain
#1
Posted 20 March 2006 - 04:36 PM
I had a conversation with Chris Hatley and members of the Northwest Tarrant County Republican Club last Thursday. Mr. Hatley contends that the project is purely economic development and it is wrong to take private property from the business owners that will be affected by the new flood bypass channel. How do you feel about it?
From the two sides:
There is a +/-$10 million dollar proposal that meets the federal design guidelines for flood control and environmental improvements along the river (basically adding more dirt to the top of the levees).
The community preferred alternative will cost $435 million dollars. This includes removing the levees from near the convergence of the two forks to just past LaGrave Field so that private land within the horseshoe can be redeveloped as waterfront properties. Removing the protective levees will necessitate adding a flood bypass channel which will wipe out approximately 80 businesses. Assume for the purpose of this conversation that the properties taken along the bypass channel will be used just for the floodway, maintenance access and public recreational trails. The project would reduce the heavy hand of man by returning stream meanders and restoring wildlife habitats that were obliterated by converting the river to a drainage ditch.
Is there a reasonable alternative to building the bypass channel? In San Antonio, a flood bypass tunnel was bored beneath the town to further increase the protection against the potential of unprecedented, catastrophic flooding. A tunnel was built 140 feet below the streets of the city and was completed in 1997 at a cost of $111 million. The tunnel is approximately three miles long. (It's ironic how San Antonio faced some of the same problems as Fort Worth and the different path they took with their river San Antonio History)
#2
Posted 20 March 2006 - 05:34 PM
OK,
I had a conversation with Chris Hatley and members of the Northwest Tarrant County Republican Club last Thursday. Mr. Hatley contends that the project is purely economic development and it is wrong to take private property from the business owners that will be affected by the new flood bypass channel. How do you feel about it?
From the two sides:
There is a +/-$10 million dollar proposal that meets the federal design guidelines for flood control and environmental improvements along the river (basically adding more dirt to the top of the levees).
The community preferred alternative will cost $435 million dollars. This includes removing the levees from near the convergence of the two forks to just past LaGrave Field so that private land within the horseshoe can be redeveloped as waterfront properties. Removing the protective levees will necessitate adding a flood bypass channel which will wipe out approximately 80 businesses. Assume for the purpose of this conversation that the properties taken along the bypass channel will be used just for the floodway, maintenance access and public recreational trails. The project would reduce the heavy hand of man by returning stream meanders and restoring wildlife habitats that were obliterated by converting the river to a drainage ditch.
Is there a reasonable alternative to building the bypass channel? In San Antonio, a flood bypass tunnel was bored beneath the town to further increase the protection against the potential of unprecedented, catastrophic flooding. A tunnel was built 140 feet below the streets of the city and was completed in 1997 at a cost of $111 million. The tunnel is approximately three miles long. (It's ironic how San Antonio faced some of the same problems as Fort Worth and the different path they took with their river San Antonio History)
For me it's kind of like when I wear my Nike shoes. I want the shoes. I enjoy wearing the shoes. And as long as I don't think about the 8 year old kid that had to make them I have no feelings of guilt or remorse.
I really want this project to work. If it does, I will enjoy what I think will happen to the near north-side. My hope is that it can all be done without the use of eminent domain. If eminent domain is used, I'll try not to think about it. It keeps me from having to address my own flawed and conflicted character.
Like I said, I hope it can be done without the use of eminent domain.
#3
Posted 20 March 2006 - 06:11 PM
It's the best idea for downtown of our lifetimes. Let's make sure the landowners are fairly compensated, and share in the increased property values. But don't criticize the project simply because it will improve downtown's value.
#4
Posted 20 March 2006 - 06:40 PM
In reaction to the landmark Kelo Vs. City of New London, the Texas Senate passed Senate Bill No. 7 last year that generally outlaws the use of eminent domain for economic development.
However, prior to that law being placed on the books, Charlie Geren authored legislation to specifically allow use of eminent domain by the water district for economic development ED in the FWWeekly.
I finally found a copy of the legislation on the Texas Legislature's website - HB 2639.
Of course, in the context of acquiring land for the flood bypass channel, the preferred method for all parties involved is to come to a mutually satisfying agreement.
At this point, I am trying to present information and facts to encourage constructive debate. I appreciate everyone's input.
Timothy Nold
#5
Posted 20 March 2006 - 07:44 PM
I wonder where EXACTLY our FW Chamber of commerce stands on this topic. They seem to play the neutral Swiss role in many business projects, as long as it stirs economic development and more memberships in the long run. Our vital interests should primarily be of water conservation, at a regional level. How will this affect property owner's and their rights in more rural areas. What will this particular project reveal for the common farmer(s) or area rancher(s)? To say that using $400 million earmarked for a project would benefit FW and the region with an economic stimulus of 5 times amount that in the first 5 years BETTER be backed by some substantial sources and proven evident by similiar projects in our country, in similiar economic situations. If so, then AT THE VERY LEAST pay these ousted businesses above par compensations. That's all I am saying.
(THIS Coca Cola"COWBOY" on Deal or NO DEAL is KILLING ME!)
www.iheartfw.com
#6
Posted 22 March 2006 - 02:08 PM
Some folks are concerned about how the eminent domain process will be carried out.
#7
Posted 13 April 2006 - 08:44 PM
#8
Posted 13 April 2006 - 09:11 PM
#9
Posted 17 April 2006 - 02:30 PM
i dont have a problem with having the channel but i do have a problem with taking businesses that are iconic to fort worth. if it were just a run down part of town that might be different but its a thriving location.
What business icons are you referring to?
Regardless of whether or not we reach the projected impact for the project, far more value will be brought to Fort Worth than without it.
#10
Posted 18 April 2006 - 11:59 AM
Flood plains are nature's cost free way of handling spring rains, it's an important part of the ecosystem. The levees and dikes and channeling we have done will stop most of the floods, but I guarantee that SOMEDAY, more rain than man could comprehend will fall and the levees, if they don't break will simply hold the water out of the river and make things much worse. We were one gully washer away from it in the late 80's when Benbrook lake was 12 feet over the first notch and the channelized river was filled to the top. I hate subsidizing commercial developers stupidity - we weren't masters of nature, we were lucky. If someone wants to build in a flood plane, great, it's a free country, but insurance companies don't need to cover them and I don't need to pay the government to build and maintain a levee to protect them. Look around, there is plenty of high and dry land around here!
I understand the our sprawl and paving habits (increased runoff) have created annual flood plains out of 50 and 100 year flood plains, but that is just and extension of the same short sighted stupidity.
I'm as politically conservative as the next guy (that rarest of species - the conservationist conservative), but it doesn't take a lot of intelligence to see that the best use of such land is parks, farms, and nature preserves. Government policy should reflect the common good. I'm not advocating taking the land away from private owners, but it should serve notice that public funds will not be used to protect this land from the beneficial and normal cycles of nature.
#11
Posted 22 April 2006 - 06:43 AM
Its all about cash....Fort Worth is changing and soon all of us who love the history and old homes here will be dissapointed in the not too distant future when all of the older homes have been either demolished or turned into a mansion. I admit I live in the river bottom, I look at the levees every day, I also pay for flood insurance, BUT that doesnt mean I want my house to be water front property..Its already been underwater once in its lifetime....will it happen again, probably..unless its taken for Eminet Domain or someone comes in and pays an ungodly amount of cash to get the land it sits on....
#12
Posted 25 April 2006 - 04:51 PM
Only ED for public use and betterment is the right way to go.
Dave still at
Visit 360texas.com
#13
Posted 03 May 2006 - 06:32 PM
#14
Posted 04 May 2006 - 11:44 AM
where is the fine line between public betterment and eminent domain for private gain?
That’s why this is so controversial…it’s more of a marriage between the two rather than a fine line between them. When eminent domain is used to build a new highway, for example, the public betterment is immediately realized because it helps one get from point A to point B easier and the economic growth at point B serves the demand for a bigger better road. With TRV, public betterment is contingent on private development because eminent domain is supposed to make the land more usable physically and economically.
To further illustrate, look at the Dallas N Tollway through Frisco. It is being built in response to a major housing boom in that area. Cause and affect. They didn’t build the tollway hoping someone would build houses and businesses or that it might help farmers in Collin and Denton counties get to downtown Dallas quicker. TRV is being built with the promise that development will occur as a result, but is there any guarantee what is planned for today is going to happen a few years from now or will it become a $435 MM urban lake and recreation area?
#15
Posted 05 May 2006 - 08:55 PM
#16
Posted 13 December 2023 - 08:50 AM
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