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Fall 2021
5258 Eminent Domain and Private Property Rights - HODGE/STOREY- 19038

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

Credits: 2

Course Areas: Real Property, Trusts and Estates 

Time: 4:00p-6:00p  TH  Location: 213  BLB

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

Course Notes:   Whether this course will be distance education, or will have a physical room assigned, and if so the extent to which the instructor might use the room during the semester, is not determined at the time when registration initially opens for this course. You may see contrary indications in the UH systems where you actually register for the course. In other words, this course might be distance education with no use of a physical classroom. It might be the “HyFlex” mode in which some Law Center courses used a physical room during 2020-21. As we get closer to the start of the term/semester for this course, this course note will be updated as decisions are determined. The instructors will be involved in those decisions, but decisions about modalities may not be invariant throughout the term/semester or between now and when the course starts.


First Day Assignments:

Final Exam Schedule: 12/07 6pm-8pm  209 BLB    

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 (6/30/2021 12:45:28 PM)

No book required for this course

Course Materials: Course Materials, no book for this course. Required Materials: Course-case Packet. Supplemental Materials will be circulated and/or posted electronically in advance of class and will consist of selected readings and case law from various Reference Materials.