Man's dislike of land seizure is
hard to miss
September 4,
2007
By ELIZABETH CAMPBELL /
Star-Telegram Staff Writer
Billy Mitchell is waging a personal
war against eminent domain.
Mitchell's message, "Eminent domain
-- stealing what others work for," can
be seen on a billboard along Interstate
30 in west Fort Worth. His name is on
the bottom of the billboard.
"My voice mail is constantly full,"
he said. "I think people are really
upset about this."
Mitchell said he spent $2,000 on the
sign, which went up about two weeks ago.
He leased the billboard for a month but
said he is considering extending the
lease.
The reason for his discontent?
He lost a fight to keep a natural gas
pipeline off his 70-acre ranch near
Aledo.
Empire Pipeline of Lebanon, Mo.,
which claimed eminent domain to build
the pipeline, filed condemnation
proceedings against Mitchell in 2005 for
a 25-foot easement on his ranch. Empire
officials did not respond to seven phone
calls from the Star-Telegram
seeking comment.
Government entities are also allowed
to use eminent domain to seize property
for public use, in exchange for payment
at fair market value.
"The billboard is for the people who
are losing their land in the name of
public necessity because of projects
such as the Trinity Uptown project and
the Trans-Texas Corridor," Mitchell
wrote in a statement to the
Star-Telegram. "And the sign is for
the people who lost their homes so the
Dallas Cowboys and Texas Rangers could
make more money. Maybe they will let
those poor people who lost their homes
sell peanuts at the games."
Mitchell, 49, said he received a
10-day notice for a required
condemnation hearing in Parker County
but chose not to attend.
"There was no way I could prepare
that fast," he said. "I needed an
appraisal and attorneys."
Later, he and his family tried to
fight Empire, but he said it was too
expensive. He settled for a $117,000
payment from Empire, but $100,000 went
to attorney fees, he said.
"It is not fair that rich pipeline
companies can steal from hardworking
families in the name of eminent domain,"
Mitchell said. "My wife and my sister
are schoolteachers. Texas schoolteachers
do not make enough money to fight a
high-powered gas company -- but we
tried."
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