Texans have a history of protecting individual liberties and property rights -- sometimes even with shotguns. That's why what happened in Hurst Texas, a suburb of 34,000 just northeast of Fort Worth, is particularly remarkable.

Ten homeowners have had their homes taken by the governing body, using the power of "Eminent Domain," so that a local shopping mall can be expanded.

While what has happened in Hurst Texas appears to be the greatest abuse of this historic power to date: it might very well be a sign of things to come.

Background
The North East Mall was originally constructed in 1971 and occupies 1.13 million square feet. It is the largest employer in Hurst, Texas, and pays Hurst $7 million a year in taxes. So when the North East Mall wanted to expand to accommodate a new Nordstram's Department Store, a high end retailer, and to better compete with other nearby malls, Hurst government officials were all to eager to please the mall owners. A large mall expansion would mean acquiring property containing over 100 homes.

Most homeowners made deals and left. But ten did not want to be run out of town so others could shop more than before. Ten little property owners were not going to stand in the way of this shopping expansion - - too much was riding on it.

So Hurst did what no one has ever done before. It sued the property owners using the "Eminent Domain Act," demanding that they surrender their homes and accept fair compensation.

Last June, a Texas judge ordered the homeowners to give up their properties. While appeals are pending, you need to wonder why. The houses have already been knocked down.

Historically, Eminent Domain has been reserved for projects that most people would agree are essential, such as new highway construction, new airports, and new prisons.

Growing Trend
Recent years have seen an expansion of uses for projects such as two ball parks, a race track, a casino expansion, and a General Motors plant. While these projects might have been questionable uses of Eminent Domain, Hurst's shopping center expansion sets a new low. Now we must all question how much lower can things get?

The problem is that there is an increase in the number of money making projects in which governments and the private sector work together, or "partner." Once the government becomes a player, there is a chance that Eminent Domain will be used. Especially if some recalcitrant (as people tend to be called when they don't simply fold) property owners stand in the way.

Politicians will always take the position that some must be displaced for the greater public good. And in the case of airports and road construction, it is hard to take issue. But when a house is being taken so others can shop, the public good argument becomes increasingly more difficult to make with a straight face.

Property owners must continue to watch this trend. The answer might be that federal and state laws will be required to prevent further abuses. The problem with this kind of issue is that most people will not feel sufficiently threatened to act, unless, of course, the government attempts to displace them and their neighbors purely for the benefit of some private investors.

Keep an eye on this issue, write to state and federal legislators, and write to local newspapers. This kind of government abuse, left unchecked, threatens to become a bigger problem in the coming years.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.