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Fall 2016
5297 Eminent Domain and Private Property Rights - HODGE/MAYFIELD- 29852

Professor(s): Justin Hodge (ADJUNCT)
Honorable Debra Ibarra Mayfield (ADJUNCT)

Credits: 2

Course Areas: Real Property, Trusts and Estates 

Time: 4:00p-6:00p  W  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

Course Syllabus: Syllabus

Course Notes:   


First Day Assignments:

Final Exam Schedule: 12/14 4-6pm  213 BLB    

This course will have:
Exam: YES
Paper: YES

Satisfies Skills Course Requirement: No
Satisfies Senior Upper Level Writing Requirement: No

Experiential Course Type:

Bar Course:

Course Materials (5/5/2016 9:28:25 AM)

Book(s) Required

Required Materials: Power, Constitutional Limitations on Sovereignty (2014
edition) (“CLS”); Supplemental Material (“SM”). The Supplemental Material
will be posted electronically in advance of first class and will consist of selected
readings and case law from the Reference Materials listed on syllabus.