Eminent Domain & Private Property

Semester: Spring 2017
Course ID: 279M
Credit Hours: 2
Unique: 28770

Course Information

Grading Method: Pass/Fail Not Allowed

Registration Information

1L and upperclass elective

Meeting Times

Day	Time	Location
MON	3:45 - 5:35 pm	TNH 3.114

Evaluation Method

Type	Date	Time	Location
Final exam	May 4, 2017	1:30 pm	A-Z in 2.123

Description

Texas is home to eight of the nation’s 15 fastest-growing cities and boasts five of the top 10 cities in the total number of new residents. This growth is not a new phenomenon. Texas has added more residents than any other state since 2000. But what happens when the infrastructure growth associated with the Texas population boom impacts private property owners? An inherent tension exists between public projects needed to accommodate economic and population growth while still honoring the fundamental property rights protected by the U.S. and Texas Constitutions. Eminent domain—the power of a governmental entity (or those with its delegated authority) to take private property and convert it into public use for just compensation—is designed to balance public and private property interests. Class discussions and reading assignments will explore whether the current eminent domain framework in the U.S. protects property owners and the public. The subject is generally divided into two interrelated parts: (1) the origins of eminent domain, public use, and public necessity; and (2) “just” compensation (including evidentiary and procedural issues that impact value). Throughout, the class will explore the relationship between theory and practice.

Textbooks ( * denotes required )

Sales Store materials *

Instructors

Ellis, Luke J.

Johns, Christopher S.

Important Class Changes

Date	Updated
03/10/2017	Exam information updated
	Instructor(s) updated

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