Comal County, Texas

Gregory Parker, Comal County Commissioner, Precinct #3 is calling on city, county, and state official to revisit the eminent domain laws in light of the recent US Supreme Court decision. "The US Supreme Court has just given wide latitude for cities, counties, and other governments with eminent domain authority to seize private property," said Commissioner Parker. "As a believer in private property rights, I believe this ruling is way too broad and can leave room for abuse of eminent domain.

The US Supreme Court in its decision said cities would be prevented from just taking private property strictly for developer's benefit. Yet, governments only have to prove a ‘benefit to the public’. While the county has the authority to condemn and acquire land for right-of-way, jails, courthouses, hospitals and landfills to name a few, the city has an even larger authority. Also under the ruling, residents still will be entitled to ‘just compensation’ for their homes as provided under the Fifth Amendment. "The question here is what is just compensation, market value or replacement value," Parker said.

Parker believes that the state must address this issue as soon as possible or in its next regular session which is two years away. "A lot can happen in two years," Parker said. "So local governments need to step up and define a policy by which eminent domain will be used in the mean time. The people of our community need to know that their local government will not just take their land without a clear policy on public use."

CONTACT: Hon. Gregory E. Parker
ph: (830) 221-1100
E-Mail

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