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July 27, 2005
Kelo Kowboys?
As many have suggested, the recent Supreme Court Kelo decision is not just a minor point of academic law. Does a stadium qualify as a "public use" because it generates tax revenue?
Property owners near the site of the new Dallas Cowboys stadium have sued the city of Arlington to stop officials from taking their land.
The lawsuit by eleven property owners alleges that the city is violating the Texas Constitution by using powers of eminent domain to condemn homes for a football stadium, according to records filed yesterday in district court in Tarrant County. The city has been acquiring property for the needed 200 acres. The process included eleven deals the City Council approved last night.
The lawsuit says eminent domain can only be used when land is taken for public use such as school and roads. City officials have said the stadium will generate jobs and sales tax revenue, constituting a public benefit.
We'll see how this plays out. There's been some noise in Texas about trying to trump the U.S. Supreme Court with state laws/amendments.
Politics by Dan at July 27, 2005 02:33 PM
Comments
the Texas law they tried to add in the last special session would have permitted this particular land grab. The stadium was a specific exclusion in the wording.
Let's see if it looks the same next time it's attached to a bill...
Posted by: Tanya the Happy Tester at July 27, 2005 04:39 PM