Tarrant Regional Water District using eminent domain sparingly

In June, when he signed into law a bill limiting eminent domain powers, Gov. Rick Perry curiously chose the Alamo as a backdrop.

Some Fort Worth property owners unhappy about being swept away by the Trinity Uptown project might feel a bit of kinship with the Texians and their comrades who lost that legendary 1836 siege in San Antonio.

But it’s too soon to wave around the Trinity Uptown flood control/economic development project as an example of eminent domain abuse.

The Tarrant Regional Water District has acquired more than 60 percent of the land it needs for the first phase of the project, the part that involves building a bypass channel and bridges. All the land for Phase I must be in hand by the end of 2010 for things to stay on schedule for completion by 2021.

It’s only recently that the water district has resorted to its "takings" power, after officials could not agree on prices with three key property owners.

Eminent domain has gotten a bad name since a 2005 Supreme Court ruling that confirmed that government can acquire public property for economic development that benefits the broader public.

But the Constitution doesn’t allow land to be taken without "just compensation" or due process.

Anytime property is acquired for a public project, taxpayers want to incur the least expense possible, but the owner has a legitimate interest in maximizing the price to be paid.

If the parties can’t concur on what’s fair, that’s where an eminent domain lawsuit comes in. There, a panel of court-appointed commissioners can determine the appropriate price.

The suits that the water district filed in October are aimed at properties on North Houston Street and White Settlement Road. If the goal of both sides is to come to agreement, the suits might be settled more quickly than if the property owners’ goal is to test whether the water district can use eminent domain at all to advance Trinity Uptown.

The nagging question that lingers over the $909 million venture is whether it’s about flood control or economic development.

The honest answer: both.

The flood control element, which has been approved by the Army Corps of Engineers, is expected to spur economic development that would enhance downtown and the near north side. Both the river development just west of downtown and the component that extends to Gateway Park in east Fort Worth are expected to provide broad public benefits to residents of the city and the region.

There are reasons to have heartburn about the use of millions in federal and local tax money for Trinity Uptown, even though the many amenities in the plan make for an impressive vision.

But so far, land acquisition through eminent domain has been limited, certainly more so than the most conspicuous recent project in the region involving economic development. Arlington, for instance, paid more than $80 million for more than 150 pieces of property, including many homes, for Cowboys Stadium, according to Star-Telegram archives. Dozens of cases had to be resolved in court.

The Tarrant Regional Water District has paid more than $13 million so far for land for Trinity Uptown. Of course, officials expect to be buying property until 2018.

If district officials hate using eminent domain as much as they say, they’ll keep lawsuits to a minimum.

Looking for comments?