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Fall 2020
5258 Eminent Domain and Private Property Rights - HODGE/STOREY- 26314

Professor(s): Justin Hodge (ADJUNCT)
Linda Storey (ADJUNCT)

Credits: 2

Course Areas: Real Property, Trusts and Estates 

Time: 5:30p-7:30p  TH  Location:  

Course Outline: Texas is home to eight of the nation’s 15 fastest-growing cities and boasts five of the top 10 cities in the total number of new residents. This growth is not a new phenomenon. Texas has added more residents than any other state since 2000. But what happens when the infrastructure growth associated with the Texas population boom impacts private property owners?

An inherent tension exists between public projects needed to accommodate Texas’s expansive growth and fundamental property rights protected by the U.S. and Texas Constitutions. Eminent domain—the power of a governmental entity (or those with its delegated authority) to take private property and convert it into public use for just compensation—is designed to balance public and private property interests. Class discussions and reading assignments will explore whether the current eminent domain framework protects property owners and the public. The subject is generally divided into two interrelated parts: (1) the origins of eminent domain, public use, and public necessity; and (2) “just” compensation (including evidentiary and procedural issues that impact value).

Course Syllabus: Syllabus revised 8/31/2020

Course Notes: DistanceEd  The instructor for this course has expressed a preference to operate the course as distance education. This means no physical classroom is assigned for this course. This also most likely means synchronous internet videoconferencing class sessions during the day(s) and time(s) when the course is scheduled to meet. However, other, more flexible modalities are possible, such as not using some of the scheduled class sessions to meet but instead supplementing with asynchronous distance education techniques. More details should be made available from the instructor via their syllabus or via other means as the start of the semester nears.


First Day Assignments:

Final Exam Schedule: 12/10 6-9pm      

This course will have:

Satisfies Senior Upper Level Writing Requirement: No

Experiential Course Type: No

Bar Course: No

DistanceEd ABA 306:

Pass-Fail Student Election: Available

Course Materials (7/1/2020 9:40:58 PM)

No book required for this course