The Texas Constitution Bars Eminent Domain for non-Public Uses

Freeport Economic Development Corporation v. Western Shellfish

Contact: Timothy Sandefur, Pacific Legal Foundation

Status: Amicus brief in preparation

In Western Seafood Company v. City of Freeport (4-1314) we filed an amicus curiae brief in support of the Western Seafood Company in an eminent domain case before the Fifth Circuit Court of Appeals. We argued in that brief that the condemnation of Western Seafood's property did not satisfy the public use clause of the Texas State Constitution and that the Fifth Circuit should certify the question to Texas State courts. The court did so, and the case was heard by a Texas trial court, which rejected the City's condemnation petition. The City of Freeport now has appealed that decision to the Texas Court of Appeals, and PLF has filed a brief arguing that the condemnation violates the Texas Constitution.