Eminent domain possible for convention center
“As officials with the City of Odessa look for land downtown to offer as an incentive for a possible hotel and convention center, the city manager said council members could use eminent domain to acquire more land for the project.
The statement comes a day after it was revealed City of Odessa lawmakers are looking at placing the proposed project near the intersection of East Fifth Street and North Texas Avenue.
Odessa City Manager Richard Morton said in accordance with state and federal law, the City of Odessa could take the land if needed, as long as the land owners are compensated by market value.
The Fifth Amendment imposes limitations on the exercise of eminent domain and states the taking must be for “public use” and compensation must be paid.
Odessa City Attorney Larry Long said the term “public use” could mean anything that benefits and is used by the public, ranging from a parking lot to a convention center. Long added city officials usually avoid using eminent domain.”
Miller, Nathaniel. OA Online 30 April 2014.