The tract they’re proposing to expand into reverts to the private owners if it isn’t used as a park. It was conveyed as a conditional gift only to be used as a park. So it becomes private land as soon as the use changes.
If the city owned it unencumbered, this wouldn’t even be a story, imo.
I don’t know about “upset,” but I despise government overreach where they take private property out of convenience, rather than out of necessity. They use condemnation as a hammer against private landowners instead of a tool of last resort. I’m not saying that has happened in this case, but it almost certainly will.
Right. The CEO in the interview said as much and has started eminent domain
proceedings now.
He said they are spending millions on legal fees tracking down all the Warnke descendants to pay them off. Then the $50 million payoff. Glad voters
approved the $2.5 billion bond package last year to fund this and the LBJ expansion. Of course none of the Ben Taub “incidental” expenditures actually
result in use of the bond money on medical benefits. Of course if you are unlucky
enough to get a room in the new patient room tower you should have a great view.
This will be my last word as I don’t want to argue.
I’m not sure how someone could consider this “overreach.” The hospital needs to expand to serve the expanding public and the expanding public’s need. That’s what the Hospital District was created by the Legislature to do.
The district could build an entirely new hospital somewhere, but that would surely cost more than an expansion, right?
But, assuming there is a reversionary interest, it didn’t come into play until there was a taking. If so, they will be compensated despite the fact that they had no exclusive rights to the property until the taking. That’s the way it’s supposed to work.
Let’s face it: These heirs are going to be well compensated for something that hasn’t been in the family for more than a century. IMO, win-win for everyone.
This always makes me chuckle when it’s followed by several lines of argument.
Condemnation proceedings take for the government what they couldn’t buy, and the rightful owners have no choice. That is governmental overreach in and of itself, even though it is a power wielded by municipalities.
Sure the hospital needs to expand, but there are other options, some of which may end up being more financially responsible than paying top dollar and litigation fees to build a new building right next to the old one. They chose the easiest route, not necessarily the best one.
And I think you’re mischaracterizing the heirs’ property interest. The land becomes exclusively theirs the moment it is no longer used as a park - no “taking” is required. Whether it’s a “win” for them depends on whether they want to sell or not and how much they have to spend on attorneys to deal with the condemnation case.
Maybe the heirs will be happy to sell the land that August Warnecke’s family wanted to be used as a park, but I suspect that at least some of them won’t. It’ll be an interesting story.
Duce630
(DustinK - Still 50 hostages held by Hamas for over 630 days)
87
Can the county use eminent domain to acquire land from the city? Or the state from the county?
(a) A county may exercise the right of eminent domain to condemn and acquire land, an easement in land, or a right-of-way if the acquisition is necessary for the construction of a jail, courthouse, hospital, or library, or for another public use authorized by law.
(b) The right of eminent domain conferred by this section extends to public or private land, but not to land used for cemetery purposes.
I’d assume the Hospital District is the party taking the land in this case, though I’m not certain.
I looked for a statute particular to the Harris County Hospital District, and there isn’t one in the Special Districts Code, but there are about 50 or so for other hospital districts.
I’m not certain where the district’s authority is codified at this point and I don’t have the time to figure it out. I’ll try to take a look when I get a chance in a few days.
It’s worth noting that there is no black and white rule in Texas. There are hundreds of counties, thousands of cities, and hundreds of special districts. Each may have its own statute that grants some powers or restricts others. It’s just the way it is in Texas and I haven’t done enough eminent domain to have ready answers or to quickly know where to find them.
Duce630
(DustinK - Still 50 hostages held by Hamas for over 630 days)
90
This is just pure greed, and I don’t care if it’s right next to it or not. It’s not okay to take over land that wasn’t meant to be a hospital.
I don’t care if Ben Taub wants to expand. I’ve been to every hospital in the medical center. They don’t hire enough staff even when they have beds, and they’re not using what they have. There are tons of towers that need renovation. Rebuild those. Every hospital in the medical center needs to renovate instead of building new ones. You can’t build enough beds or space to serve a city.
People use those lots and walk there for the pleasure of being outside, and it doesn’t matter to you, so don’t comment on it. But we should conserve the little green space we have. The fact that the city hasn’t contacted anyone but has had meetings about this is wrong. It’s government theft and overreach.
In a world where Medicare and Medicaid are paying less and covering less, and hospitals are hitting plateaus and people are finding other options, why would you, as a Houstonian, let this happen? Check their tax records; they’re online, and then tell me they need to expand. It’s a bunch of BS, and y’all should be furious!
I share a lot of your sentiments. Park space is VERY important to our quality of
life and is used by many all the time every day. I’m disappointed the city was so quick to give it up and it has reverted back to the heirs. Of the 80 heirs, I think there are probably at least 1 or 2 that could use the money, and are not interested in the name on a building or a plaque. And the hospital district has not shared any
details on alternative options that were even considered; they just unilaterally
decided “it’s theirs” for the taking and they got the bond money the voters gave
them to do it. Future city dwellers be damned …we NEED that new patient tower.
