Texas family fights to keep land owned since 1940 after another court defeat
A Texas family is challenging a court ruling that allows Port Freeport to seize their land via eminent domain for private commercial development. The family argues the taking is unconstitutional and serves private interests rather than public needs.
Why it matters
This case highlights ongoing tensions between private property rights and industrial expansion, particularly in historically marginalized communities.
A Texas family that has owned land in Freeport since 1940 is preparing to file a new legal appeal after a state trial court ruled against them in an ongoing fight over eminent domain. A Texas trial court granted summary judgment against the Marshall family and other landowners in Freeport's historically Black East End neighborhood. The ruling allows Port Freeport to continue taking private property, where a cold-storage fruit warehouse for a private company has already been built next to their land. With support from the public-interest law firm Institute for Justice, the Marshall family plans to challenge the ruling before the Texas Court of Appeals. The legal team argues that the port authority is using public taking powers to support private commercial projects instead of a valid public purpose.
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