How a few scrappy homeowners may stand between Elon Musk and his dream of a Mars spaceport in South Texas
globally, Caryn Schenewerk, SpaceX's senior counsel, said at an FAA conference in January.
Eminent domain is the ability of a government to condemn properties for a "compelling public use," though the US Supreme Court in 2005 — in the case led by the Institute for Justice — interpreted that definition to include private "economic development" projects. Texas, along with dozens of other states, had an allergic reaction to the ruling and spent more than a decade shoring up private-property rights.
The same JLL representative brought up the legal process in a voicemail, obtained by Business Insider, that was left with Harvey Bloomer, whose family has owned a Boca Chica home for decades, on November 19, a Tuesday. "I am very concerned that you may be unaware of highly relevant facts related to properties within a designated Space Port in the State of Texas. I would really appreciate if we could connect so that I can explain further," Finlay wrote on February 4. "My goal is to provide full transparency of a difficult situation and to work hard to facilitate the very best outcome for you and your family based on your unique needs in a challenging situation.
"Why did they have to do this with this little village of people? They should have thought of this when they first came in," she said. "As a general rule, condemnors can pick and choose what they condemn and what they don't. This presumes the right to take exists and there is no fraud or hanky-panky of course,", a partner at Dawson & Sodd, LLP, who's represented private landowners in eminent domain cases for decades in Texas, told Business Insider. "Leaving some and taking others may be evidence of fraud but, again, [it's] a long road in proving it.
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