Does blight include football stadiums?

The City of Arlington Texas thinks so. They want to condemn 19 properties to make room for a new Dallas Cowboys stadium. With Kelo as precedent, local governments can now take away people's property on any whim. The court system isn't level. How many homeowners can foot legal bills in the thousands when opposed by governments and corporations with deep pockets?

Justices Stephens, Breyer, Kennedy, Ginsburg and Souter should hang their heads for the most shameful Supreme Court decision in years. This goes down with Plessy, Dred Scott in the hall of infamy. Three of these shameless justices were appointed by Republicans, only making the next nomination more important than ever.

The entire Dallas Morning News article

Hat tip and Trackback to Outside the Beltway

By JEFF MOSIER / The Dallas Morning News
ARLINGTON – The Arlington City Council is expected to authorize on Tuesday eminent domain proceedings against as many as 19 properties needed for a new Dallas Cowboys stadium and approve resolutions paving the way for 33 more condemnations in the coming weeks.

Mayor Robert Cluck said the properties are owned by individuals who are either unwilling to sell or are demanding an unreasonable price for their homes or lots. Some have not responded to the city's offers, he said, and a few would not allow city negotiators on their property.

"If they can't make reasonable counteroffers," Dr. Cluck said, "we have to use this tool."

City officials said they would continue to negotiate with property owners through Tuesday to try to avoid the need for condemnation. However, Dr. Cluck said, some homeowners are unlikely to settle without legal action.

The city's announcement came a day after the U.S. Supreme Court released a decision confirming that cities have wide latitude in condemning property for economic development purposes. That decision, which Dr. Cluck said didn't affect the timing of next week's votes, means that federal appeals of condemnations for the stadium in Arlington are unlikely.

Robert Magnus, whose house is on the condemnation list, said he was unaware of the City Council's vote next week, but he's not surprised. He had hoped that the Supreme Court would help him with its Kelo v. New London case.

Mr. Magnus would not say how much the city has offered him for the house he's owned for two years, but he said it wasn't enough to pay off his mortgage.

"They are just giving me pennies and telling me to get out," he said.

City officials said they are required to pay fair market value for the properties, and in addition, they are offering incentives ranging from $5,250 for renters to $22,500 for homeowners who agree to accept an offer and move quickly. Also, some moving expenses would be paid by the city.

Glenn Sodd, a Corsicana attorney specializing in eminent domain cases, could not be reached for comment Friday. He has said that he represents the owners of 15 homes and lots and four apartment complexes that are on the stadium site and that he would take the cases to the state Supreme Court if necessary.

The City Council approved resolutions last week stating that 19 properties are needed for the stadium. Dr. Cluck said those resolutions were the first steps toward the filing of eminent domain proceedings. At next week's meeting, 33 more of those resolutions are on the agenda.

The council also is expected to vote on the voluntary purchase of nine other properties. The city has already agreed to purchase prices for a dozen other homes.

A majority of the 33 homes on the resolution list are rental properties owned by Charlie Scott, a major landlord in that neighborhood. Mr. Scott could not be reached Friday.