10/2/07: This land is my land... unless the city wants it

Since the first immigrants populated the settlements of New England, through the era when pioneers forged Texas from frontier towns such as Nacogdoches, the independence that comes with owning real property has motivated generations to work hard and save to become a part of the American dream.

The most common example of land ownership, however, in which families plunk down their savings for their slice of Anytown, USA, doesn't tell the whole story of a complicated relationship between the inalienable right to property and the government's right to take it all back.

The doctrine of eminent domain has existed since the passage of the bill of rights; the fifth amendment specifically allows government seizure of private property as long as the owner is justly compensated. The Texas constitution also allows the condemnation of property, and state law describes the legal processes necessary for cities to acquire private property inside or outside municipal limits, from a public or private entity.

Several eminent domain cases are currently pending in Nacogdoches. Only 95 percent of property along FM 225 has been acquired for the installation of new water lines there. The remaining percentage represents landowners who are holding out for more compensation.

A vacant lot of property on Zula Street has been condemned by the city commission twice so a new water tower can be built there.

The process of eminent domain begins when a federal, state or local jurisdiction determines that private property (or a piece of it) could be useful for construction of a public works project, such as a highway, railroad or water tower. Nacogdoches uses calculations from an independent assessor to offer a fair price for the land. The city is usually receptive to small negotiations, but City Manager Jim Jeffers concedes that property valuation isn't always simple.

"While there are standards for appraisers to use," explains Jeffers, "there is also a certain amount of subjectivity, a certain amount of art in determining what the value of a piece of property is." Because appraisal values assume a willing buyer and a willing seller, the actual value of the property might be different from what the city offers.

If, after all reasonable negotiations, the owner refuses to sell or wants more money than the city is willing to pay, the city can vote to condemn the property, the next step towards the forced acquisition. When the city commission completes the condemnation process, the dispute between city and property owner can heard by a court-appointed three-member panel which hears evidence from both sides and decides what the property is worth. But that decision can be appealed as well and send the decision to a higher court. The move could backfire for the property owner, however, if that court declares the property to be worth less than the city's original offer.

The idea of government forcibly taking citizens' property is often enraging, and the process has historically drawn protests from liberties groups and civil action groups. Some of the most protested cases, in which the government buys poverty-stricken neighborhoods for development as more lucrative ventures, are illegal under the Texas constitution. And city government officials try to be as reasonable as possible when dealing with the sensitive issue.

Jeffers summed up the city's philosophy on eminent domain in a single word, "fair."

"We have a utilitarian point of view," said Jeffers. "We do what's best for the greatest good. The property owner is entitled for just compensation for the loss of their property."

But even for those who are forced to surrender their property to the government, there is always hope for the future. Several cases in Nacogdoches have seen the tables turned on the local government. The city commission recently decided to return ownership of a 30-foot wide strip of property acres of property to the property owners who had it seized in 1949. The property, located just north of Sunset Street was taken for an extension of Sanders Street that never occurred.

In another unusual application of property laws, one enterprising Nacogdoches resident was able to buy several lots of property at tremendous discount. The land, which was returned to local government when its owners failed to pay the taxes, was auctioned off at a price way below its assessed value. City officials say it's worth it to get the property back on the tax roll and avoid upkeep of the land, even if the outstanding taxes go unpaid.

The various legal ways property can change hands reflects a spectrum of human conditions, from utilitarian helpfulness, to personal ambition and disdain for government. Each case proves for certain, that anything is possible during a pursuit of the American dream.