Browsing by Subject "Eminent domain"
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Item Identification of strategies to lower Texas's condemnation rate(2011-12) Kincaid, Elizabeth Christi; Caldas, Carlos H.; Borcherding, John D.Improving the system for how right-of-way (R/W) parcels are acquired for transportation projects in Texas can benefit the state. Currently, the Texas Department of Transportation (TxDOT) is allowed to obtain a property through negotiation or condemnation, meaning going through the court system. However, gaining parcels through condemnation not only increases project durations but also project budgets, which are both detrimental to public interests. These monetary and time concerns justify the need to develop strategies to streamline how TxDOT acquires R/W properties. This thesis aims to identify strategies that have the most significant positive impact on reducing a state’s condemnation rate, costs, and durations, while still being viable for the agency to implement. As states around the nation have already realized the benefit and made significant progress to reduce their condemnation rates, they act as models for Texas. Thus, extensive interviews with 25 representatives from transportation agencies around the nation and an extensive literature review are used to gather and evaluate applicable strategies. Similarly, applicable national and state laws and court cases have been reviewed to ensure the feasibility of the strategies.Item Main Street remade : a case study of eminent domain use in Port Chester, New York(2013-08) Longobardi, Elinore Ann; Hoelscher, Steven D.In the late 1990s, looking to improve its fiscal situation, the Village of Port Chester, New York, decided to approve the redevelopment of a 27-acre site that comprised a large section of its downtown. The centerpiece of the 1999 plan was a big-box shopping center and multi-tier parking structure. To build the project, Port Chester used eminent domain to raze most of its South Main Street, along with adjacent blocks--an area already full of small shops and businesses. The village took this action in the name of “public good,” replacing the small-scale buildings and family owned businesses with big-box retail--including Costco, a Loews multiplex, DSW shoes and Bed Bath & Beyond. The village’s goal was to replace a “blighted” area (the term a vestige of legal and rhetorical constructs surrounding mid-20th century urban renewal) with a more upscale one--bringing in, as officials saw it, more tax revenue and creating jobs. This dissertation examines the mechanics and the consequences of this kind of large-scale land clearance, especially in the context of a small suburban municipality. Far from being an anomaly, the Port Chester project is an example of an ongoing trend: the use of eminent domain in the service of economic development, which we can see as a kind of present-day urban renewal.Item On the hunt for willing sellers : the U.S. Army's land acquisition process(2010-05) Fitzsimmons, Michael James; Kahn, Terry D.; Rawlins, RachaelTo maintain high levels of proficiency and readiness the U.S. Army trains its soldiers on military bases across the country. However, the Army currently possesses an insufficient amount of land with which to train on, necessitating an expansion of current bases. This paper explores the Army's land acquisition policies, using as case studies the ongoing expansions at Fort Carson in Colorado and Fort Polk in Louisiana. Fort Carson, which announced expansion plans in 2006, faced strong opposition and the project has ground to a halt. In early 2009 Fort Polk announced a 100,000-acre expansion. They have utilized a broad public outreach program and promised on numerous occasions not to use eminent domain to acquire privately-held land. As a result, the Polk expansion has proceeded much more smoothly. Using lessons learned from the pair of case studies, this paper then presents a list of best practices the Army can use for future land acquisition projects.