METRO Takes Eminent Domain For Long Ride

[MontroseNeighborhoodCafe]

OPINION

From the January 28, 2005 print edition

Bull Market

Metro takes eminent domain for long ride

Bill Schadewald

Houston Business Journal

The number just doesn't compute.

Why would a narrow rail station bisected by pair of tracks a few feet apart require a whopping 1,500 feet of easement on either side?

Five separate stops along a single year-old stretch of light rail in the central core alone effectively give Metro power of eminent domain over almost 50 percent of all downtown property.

As the street map on page 62 graphically illustrates, Metro's condemnation authority extends 1,500 feet -- about 4.5 downtown city blocks -- in all directions from each of five depots on the Main Street line.

In one instance, everything between Antioch Baptist Church and Toyota Center -- a distance of nearly 10 football fields -- is part of Metro's eminent domain empire.

Use of condemnation usually is minimal in transportation projects, which have a primary purpose of getting from Point A to Point B as quickly as possible. Most of Metro's future extensions, in fact, are plotted along existing transit corridors.

Based on current rail station construction, an easement of less than 50 feet would be more than ample to accommodate development of most rail depots now on the drawing boards.

Ordinarily, the head of a metropolitan transit authority has more than enough on his plate just keeping the system running smoothly. The main mission of moving citizens from place to place wouldn't seem to leave much extra time for a sideline such as real estate speculation.

But Houston is different. With a developer behind the transit wheel and excessive authority over eminent domain in place, the city is ripe for Metro real estate pickings.

Metro Chairman David Wolff isn't entirely satisfied just ensuring people get to their destinations according to schedule. He wants to make sure those destinations have the proper real estate pedigrees.

Under a new initiative discussed in this week's front-page stories, Wolff and his freshly appointed real estate overseer Todd Mason provide details on Metro's first attempt to stimulate real estate development at stations along rail lines.

They're hoping to get nibbles from interested developers who are qualified to construct some sort of multi-use building that would be anchored on the ground and hover above a transit complex in the Texas Medical Center.

Both act as excited as kids with a new Monopoly game. And both adamantly assure that the superhero power of enormous eminent domain will be called upon only in the name of good.

Neither can think of an example where condemnation might be used up to four blocks beyond rail stations for real estate development purposes -- except in perhaps some certain cases.

As an inner-city property owner, I already feel edgy. And as a member of the Houston business media for more than 30 years, I have a hard time going along with this urban renewal program disguised as transit planning.

David Wolff is assuredly one of Houston's most articulate and gentlemanly business leaders. Even with an impressive track record and noble intentions, however, he could inadvertently be opening a Pandora's Box for his successors by implementing this initiative.

Future Metro chairmen with non-real estate backgrounds stand to inherit a complex operation that could involve contractual Metro agreements ranging from leasing and property management to joint-venture partnerships and construction finance subsidies.

More leasing agents, land planners and other assorted experts will be needed to service the growing volume of speculative real estate deals surrounding rail stations. Eventually, Metro's real estate department could dwarf train and bus operations.

There is, however, a very simple way to nip this potential worst-case scenario in the bud.

By now, some readers might be wondering which idiot was stupid enough to give a transit agency 1,500 feet of leeway to build a station on narrow steel tracks.

The answer is inadvertently us. The 1,500-foot rail station eminent domain codicil was embedded in a piece of state legislation passed during the early 1970s. But it wasn't mentioned on the ballot in a Metro referendum approved by voters in 1978.

Surprisingly, Metro officials at the time didn't step forward and say: "Whoa Nelly, we don't need a whole 1,500 feet of eminent domain -- we're building rail stations, not football stadiums."

What state politicians wrought could be rectified with a rule change reversing the original legislation.

But don't count on it. Quite the contrary, if a Metro rail station real estate stimulation project actually happens by chance to fly, expect local transit officials to be up in Austin lobbying for an eminent domain extension to 2,000 feet.

[gwilson]

METRO having eminent domain in the first place is a joke. Same thing with HCTRA. No private entity (especially one being funded by public monies) should have such rights. They should be required to get representative action at a minimum for any project they under take that requires the use of condemnation authority. My preference would be for anything they do to require city vote beforehand.

[Houston19514]

METRO having eminent domain in the first place is a joke.  Same thing with HCTRA.  No private entity (especially one being funded by public monies) should have such rights.  They should be required to get representative action at a minimum for any project they under take that requires the use of condemnation authority.  My preference would be for anything they do to require city vote beforehand.

<{POST_SNAPBACK}>

Neither METRO nor HCTRA are private entities. They are both entirely public.

[N Judah]

I don't see the connection between Metro's eminent domain, their desire to encourage mixed-use development near a station, and the author's unease. Would someone care to explain this to me?

I mean, Metro clearly states that they're not going to use their eminent domain for anything other than putting in a rail station, etc., and their desire to build something mixed-use near a station in the medical center seems like it'd be something separate since the article never said Metro planned on using eminent domain to aid such a development...

[ssullivan]

I don't see the connection between Metro's eminent domain, their desire to encourage mixed-use development near a station, and the author's unease.  Would someone care to explain this to me?

I kind of got the same reaction. But this is Texas and some people are overly paranoid about property rights and government stealing what they own, and usually their paranoia has no real basis. So what if Metro's power of eminent domain extends for that distance? I don't think that necessarilly means Metro is suddenly going to start buying up everything within 1500 feet of the rail line. It seems to me to be more of a case of an "investigative" reporter stirring up $hit for the sake of a story.

Anyway this is not a new issue. Metro has had that power for the entire length of its 26 year existence. And while the rail stations may be new, Metro has had facilities such as transit centers and park and ride lots for years. The article didn't mention these, but it's quite possible the eminent domain power radiates 1500 feet in all directions from these facilities too. And nobody has been up in arms over that, despite some transit centers being close to some very valuable real estate.

[kjb434]

good point ssullivan,

Metro is dumb enough to start just condeming land left and right to resale. It has to have a good reason each time. Plus it'll have to get through the planning commission and any community opposition if any comes up.

I really like the fact that metro has this power. This will assist and accelerate the ability of developers to rebuild midtown to a more urban living center. The developer can get metro to condemn the property and then develop it into a more useful facility.

This concept is not entirely new. The toll road authority, the city itself, all the municipal utility districts (MUDs), TxDOT, redevelopment districts, and the county all have condemnation powers and eminent domain powers. Currently checks and balances exist to prevent abuse of the powers. It doesn't mean it doesn't happen. Before 1975, abuse of eminent and condemnation powers were wildly abused across the country specifically to build freeways.

[citykid09]

This would look nica along the rail line.

[N Judah]

I kind of got the same reaction. But this is Texas and some people are overly paranoid about property rights and government stealing what they own, and usually their paranoia has no real basis. So what if Metro's power of eminent domain extends for that distance? I don't think that necessarilly means Metro is suddenly going to start buying up everything within 1500 feet of the rail line. It seems to me to be more of a case of an "investigative" reporter stirring up $hit for the sake of a story.

<{POST_SNAPBACK}>

The paranoia is setting in:

---> www.lonestartimes.com/index.php?id=0,1707,0,0,1,0