Real Estate & Property Law

"No, I'm Spartacus!"

By Robert Thomas (inversecondemnation.com)

Thanks to Alan Ackerman for alerting us to the latest horrible development in the eminent domain cases out of Freeport, Texas.  Recall that in Western Seafood Co. v. United States, No 04-41196 (5th Cir., Oct. 11, 2006), the court held that a private-to-private transfer for economic development that was accomplished as part of a "carefully considered development plan" passed muster.

That wasn't the end of the story, since Carla T. Main authored a fantastic book about the case and the Gore family, whose property was taken.  We reviewed "Bulldozed: 'Kelo,' Eminent Domain, and the American Lust for Land" here.  And we weren't the only ones who liked it.

Now, according to this report, Ms. Main has been sued for defamation by the developer who was the subject of Bulldozed.  Also included in the suit is University of Chicago law professor and eminent domain scholar Richard Epstein, who had the temerity to review the book positively:

The developer of the controversial Freeport Marina project has filed a lawsuit against the author of a book about the city?s use of imminent [sic] domain, The Facts? parent company Southern Newspapers and a former book reviewer for the Galveston County Daily News.

In court documents filed in Dallas County?s 44th District Court, Walker Royall argues Carla T. Main?s book, ?Bulldozed Kelo, Eminent Domain and the American Lust for Land,? contained inaccurate and defamatory statements about him.

Royall also suing is the book?s publisher, Encounter Books, and Richard Epstein of Illinois, who contributed a summary of the book on its dust jacket. In court documents, Royall argues Encounter Books knowingly published libelous material, and Epstein described the developer as being involved in the ?machinations of an unholy alliance between city politicians and avaricious developers.

Full post as published by inversecondemnation on November 22, 2008 (boomark / email).