Monday, April 18, 2011

The top Eminent Domain essays

The top Eminent Domain Essay was written by Kelley Gailey of third period. Ms. Gailey's post is at http://kelleygaileyusams.blogspot.com/2011/04/eminent-domain.html. Ms. Gailey also has several other enlightening posts.

In class, we read about eminent domain on wikipedia. We also read specific instances of its use by the City of Dallas on land that lies in the path of the hiking, biking and equestrian trails planned to connect areas west of downtown Dallas to the Trinity Forest southeast of downtown. The specific property locations are detailed in the Trinity River Corridor Project Team's meeting minutes from February 8th. The minutes are available at
http://www.dallascityhall.com/committee_briefings/briefings0311/TRC_minutes020811_030811.pdf
Students also read on wikipedia what laws other countries have regarding eminent domain. In their essays, students had to compare eminent domain in one other country to that of the US.

Several students suggested in class that we take polls of people in south Dallas to determine their view of how they feel about the use of eminent domain in nearby neighborhoods. One student even suggested start a cause to tell the Dallas City Council to stop this practice. Students having made these suggestions was a good opportunity for me to teach students about the power of such tools and the necessity to thoroughly research a topic before leaping in to create a cause or a poll. I also stressed to students, that a poll is a means of obtaining others views on a subject. All though polls can and are used to steer respondents to appear to support one's own opinion, this is not the proper use of this research tool.

Note the wording from the City of Dallas in relation to their use of eminent domain for the Trinity River Corridor Project: Authorize an actual reasonable moving and related expenses-nonresidential payment for McDaniel Motors, who be displaced as a direct result property acquisition of the property at 6510 South Great Trinity Forest Way, to be used conjunction the Trinity River Corridor Project to exceed $131,383 Financing: 1998 Bond Funds
Notice that the City is not only paying for the land, but it is also paying for moving and related expenses. An effective use of a survey would be to ask the owner of McDaniel Motors for their level of satisfaction with how the City of Dallas was to providing for their transition; were they satisfied with the amount of compensation that they received; their satisfaction with the amount of time the City gave them to relocate; did the City consider the change of company address on letterhead, bank checks, advertising as related expenses? Do you have any inventory or production equipment that needs to be moved? Did the City consider the physical movement of equipment as a moving expense?

I am attempting to have experts on this subject to visit our school. I am also trying to arrange a field trip to visit various areas of the Trinity River that are effected by the development project. I have contacted:

  1. David A. Neumann, Chairman. Trinity River Corridor Project Committee. Unfortunately, I have not heard back from the councilman yet, but will keep trying.
  2. Heather K. Way, Director, Community Development Clinic, University of Texas School of Law. Professor Way has committed to working with my students next year on this project and currently has three law students working on answers to some of the students questions.

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