Welcome to the Future!
Where in Texas is a church facing potential eminent domain situation? Longview
What is the discrepancy in compensation?
What trends have been happening with eminent domain & churches?
After a 3 month legal battle, the Houston church, represented by the Liberty Institute, announced that the Houston Housing Authority will not seek eminent domain action against the church’s land.
This leaves unanswered in Texas, which constitutional right trumps- freedom of religion or freedom from of having one’s property taken by the government. As loyal subscribers know, courts in other states have said religion trumps and have denied eminent domain.
Houston churches that were facing eminent domain to make way for a new Housing Authority development, have sued to stop the eminent domain based on the Religious Freedom Restoration Act (RFRA).
RFRA is usually only a hot topic when conservative activists want to strengthen it to stop the social issues they oppose.
But, the use of RFRA by the churches to stop eminent domain adds an added lawyer of constitutional protection. Now the local governmental entity will have to prove:
The City of Orlando, in lieu of proceeding with eminent domain against a church, opted to redesign their MLS stadium plan to avoid church owned land. First amendment freedom of religion wins by default. For those keeping score, it is religion 2, eminent domain 0. [Law 360]
Posted infreedom of religion, private property rights
A Kentucky court held that 1st amendment freedom of religion trumps eminent domain authority preventing church lands from being condemned. A similar fight is brewing in Orlando, FL. The City wants to build a MLS stadium, but it needs church lands. The church has refused offers for purchase from the City. Soon enough we’ll be in Court to find out if freedom of religion wins again. How many acres of church owned property are there in Texas? Would religion trump eminent domain in Texas C…Religion 1, Eminent Domain 0.