City of Westworth Village denied in bid to lease land to private developer

An appellate court in Fort Worth has overturned a trial court order that permitted the condemnation of private property by the City of Westworth Village in order to develop a facility and driving range adjacent to the city-owned Hawks Creek Golf Club.

The ruling marks a significant turning point in Texas eminent domain law, as the court explicitly held that governments can no longer rely on courts to automatically accept their claims about public use when seizing private property.

Video of the appellate attorney discussing the case

In the appellate court’s ruling, Justice Mike Wallach referenced and relied on state constitutional provisions limiting the government’s right to condemn private property for economic development or tax revenue generation and disputed the city’s contention that the golf course expansion qualified as a public use under state law.

The lawsuit challenging the city’s action was originally filed in 2022 by Jim Burgess, the owner of the 3.548-acre property formerly owned by the United States Air Force as part of Carswell Air Force Base.

The city had announced an intent to acquire Mr. Burgess’s land the previous year through the right of eminent domain and lease the property to UnderPar Life LLC, a Dallas-based golf course developer whose investors include 2024 U.S. Open champion Bryson DeChambeau.

In response to Mr. Burgess’s lawsuit, the trial court appointed three special commissioners who assessed the property’s value at $1.545 million. Mr. Burgess contested that valuation and was denied. The case then went to trial, where a jury awarded him $1.3 million under eminent domain statutes.

In his opinion, Justice Wallach reversed and remanded the case to the trial court. “It is the constitutional limitation of transferring condemned property for an impermissible purpose that distinguishes this case,” he wrote.

He noted that the city executed the lease with UnderPar Life before it even entered the property condemnation process.

This is the first time a Texas appellate court has explicitly stated that legislative and constitutional changes enacted in response to a U.S. Supreme Court decision have eliminated judicial deference to governmental declarations of public use.

“The court rightfully recognized the multiple violations of state law in the city’s attempted acquisition and proposed use for this property,” said Chad Baruch of Johnston Tobey Baruch, the lead attorney for Mr. Burgess in the appeal. “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 case is Jim Burgess v. City of Westworth Village No. 02-24-00252-CV, in the Court of Appeals for the Second District of Texas at Fort Worth.

About Johnston Tobey Baruch

Johnston Tobey Baruch is a dynamic law practice based in Dallas. Its trial and appellate attorneys have a broad range of litigation, arbitration, and appellate experience. They are pioneers in the handling of legal and accounting malpractice, investment fraud, and business disputes. They also have an enviable track record with insurance bad faith matters, commercial litigation, and fiduciary litigation, as well as civil, family, and criminal appeals for many prominent Texas companies and individuals.

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“The court rightfully recognized the multiple violations of state law in the city’s attempted acquisition and proposed use for this property,” said Chad Baruch.