The Dalton Boys from Austin, TX/Columbia, MO. on 12/1/2005 7:04:31 AM:
Unfortunately the short answer is yes, the state can claim right of eminent domain. The question of which route would be better aside, it is at the very least fortunate that you like the idea of the KATY, and that unlike one poor soul in Connecticut, that state claimed eminent domain to build a shopping mall. The basic premise of eminent domain supposedly manifests to the benefit of the "greater good" a.k.a. hospitals, city parks etc. In the case in the Northeast the state's case managed to mangle the greater good issue in favor of the shopping mall which I personaly don't see. Of course then there is the issue of right of eminent domain in its own right...the state or other government entity taking land from a landowner....sticky issue that. In closing, they can do it, you can fight it, and I'm happy for you that it will be the KATY and not a shopping mall. Regards.......Mark of the Dalton Boys