Freeport, Tx.—Today the Texas 14th Court of Appeals rejected an attempt by the Port of Freeport to use eminent domain to seize land from a group of property owners in Freeport’s historically Black community. Driven by visions of expansion, the Port has attempted to acquire and destroy most of the city’s historic East End neighborhood, but, as today’s decision says, it “never could identify a specific public use” and “admitted that it did not have any specific plans for what will be developed,” a requirement for any use of eminent domain. The court added, “The Constitution does not condone this take now, plan later approach” in a rebuke of the Port’s claims. The landowners are represented by the Institute for Justice (IJ) and Cobb & Johns PLLC.
The Marshall family has owned property and passed down property in the East End section of Freeport since 1940. They, along with several other longstanding families in the area, were forced there after local redlining laws pushed Black families out from the rest of Freeport. To them, the property represents more than just financial value, it has become a symbol of resiliency and resolve.
In 2020, the Port filed an eminent domain action seeking to take the Marshall family land. While the Marshall family and others pushed back in the courts to defend their land, the Port was already busy bulldozing the area.
That bulldozing was the only plan the Port actually had. In papers filed with the court, the Marshalls argued that taking their land for no reason violates both the Texas and the United States Constitutions, as well as Texas statutes.
Under the Texas Constitution, eminent domain can only be used to take land for public use. But the Port failed time and again to come up with any specific use. As the Court wrote: “The Port’s CEO threw out many possible uses for the Landowners’ property, once it belonged to the Port: it could be used for offices, warehouses, roads, storage, inspections, staging for trucks, or refrigerated facilities.”
It followed up by saying, “Private property cannot be imperiled with such nonchalance.”
“This a victory for the Marshalls and every other family that stood to have their land taken simply because the Port thought it could,” said IJ Senior Attorney Jeffrey Redfern. “If the government can use eminent domain just based on the hope it comes up with a plan in the future, no one’s property is safe. Fortunately for the Marshalls—and for all of us—the Constitution demands more.”
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To arrange interviews on this subject, journalists may contact Phillip Suderman, IJ’s Communications Project Manager, at [email protected] or (850) 376-4110. More information on the case is available at: https://ij.org/case/freeport-tx-eminent-domain/
IJ is the national expert on defending property owners against eminent domain abuse and other property rights violations. IJ has represented property owners fighting eminent domain in Sparta, Georgia, Southold, New York, and others. You can find out more about our work on our website.