The Texas Supreme Court has agreed to hear a dispute over whether a local government can take private property through eminent domain to build a golf facility that will be leased to a private operator.
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that → agree → operator
The case involves a 3.548-acre plot of land in Westworth Village owned by local resident Jim Burgess.
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case → involve → Burgess
In 2021, city officials tried to buy the property for $1.1 million as part of a larger plan to redevelop the municipal golf course, Hawk’s Creek.
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officials → try → course
After Mr Burgess rejected the offer, the city moved to take the land through eminent domain, a legal process that allows the government to acquire private property without the owner's consent.
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government → reject → consent
Five years after the dispute began, justices on the state's highest court will consider whether local governments have the constitutional power to take private land for projects intended to be run by private businesses.
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governments → begin → businesses
After the city council moved to take the property, Mr Burgess filed a legal challenge against Westworth Village.
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Burgess → move → Village
Records from the Second Court of Appeals of Texas show that a trial court first appointed three special commissioners to decide how much the land was worth.
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land → show → much
The panel valued the property at $1.545 million.
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panel → value → million
Mr Burgess challenged the valuation in trial court.
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Burgess → challenge → court
The court rejected his argument that the taking itself was unlawful, but the dispute over compensation continued to a jury trial.
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dispute → reject → trial
The jury eventually awarded him $1.3 million under state laws governing eminent domain.
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jury → award → domain
Mr Burgess was unhappy with the decision allowing the city to take his land, so he appealed the condemnation order to the Second Court of Appeals in Fort Worth.
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he → allow → Worth
At the same time, Westworth Village appealed a separate order requiring the city to pay court costs.
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Village → appeal → costs
Appeals court overturns land seizure
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court → overturn → seizure
On 19 June 2025, a three-judge panel of the appeals court, made up of Justices Mike Wallach, Elizabeth Kerr and Brian Walker, ruled in favour of Mr Burgess.
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panel → make → Burgess
Justice Wallach wrote the majority opinion, which overturned the trial court's decision and sent the case back for further proceedings.
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which → write → proceedings
The ruling said that state laws and constitutional rules place strict limits on how local governments can use eminent domain.
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governments → say → domain
The court reviewed city plans showing that the land was meant to become part of a leased facility called the Golf Performance Center at Hawk's Creek.
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land → review → Creek
Under the lease documents, the facility would include a driving range, practice areas, a clubhouse, parking facilities and an office.
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facility → include → range
Justice Wallach stressed that Texas courts must carefully examine cases in which local governments try to force owners to sell their property.
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governments → stress → property
“These circumstances help explain why our law directs Texas courts to carefully scrutinize any exercise of eminent-domain authority,” wrote Justice Wallach.
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Wallach → help → authority
“Condemnation is one area in which the government must turn sharp corners.
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government → turn → corners
It is a fit role for the judiciary to ensure that the government stays in its lane.”
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government → ensure → lane
Lawyers representing Mr Burgess at Johnston Tobey Baruch welcomed the appeals court's decision.
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Lawyers → represent → decision
“We are delighted with the court's ruling, which will permit our client to continue his challenge to the taking in the trial court,” the firm stated after the ruling.
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firm → delight → ruling
The main legal question concerns Article I, Section 17 of the Texas Constitution.
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question → concern → Constitution
It states that private property cannot be taken or used for public purposes without proper compensation.
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property → state → compensation
Changes to state law and constitutional amendments introduced in 2005, including Chapter 2206 of the Texas Government Code, also place clear limits on government use of eminent domain.
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Changes → introduce → domain
These rules prohibit taking private property for economic development or transferring it to private entities, subject to the law's specific provisions.
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rules → prohibit → provisions
Westworth Village officials argued that taking the 3.548-acre plot qualified as public use because it would become part of a park and golf course redevelopment project open to the public.
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it → argue → public
However, the appeals court said that the legal definition of public parks cannot override constitutional protections against forced property transfers that benefit private operators.
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that → say → operators
Legal observers say the case will test the limits between public leisure facilities and unlawful transfers of land to private businesses.
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case → say → businesses
Local governments regularly run public parks, but allowing private companies to operate facilities built on land taken through eminent domain raises difficult legal questions under Texas law.
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companies → run → law
After losing in the appeals court, Westworth Village asked the Supreme Court of Texas to review the decision.
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Village → lose → decision
According to court records, the state Supreme Court granted review on 2 October 2026 under case number 25-0836.
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Court → accord → number
Oral arguments before the state Supreme Court justices are scheduled for 11 January 2027.
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arguments → schedule → January
The court's decision is expected to set a binding legal precedent across Texas on whether local governments can use eminent domain to acquire land for municipal sports facilities that are operated by commercial businesses.
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that → expect → businesses
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