Starbase has just been officially incorporated as a Texas city, with an overwhelming vote by those who live in the area of Cameron County that surrounds Elon Musk’s SpaceX rocket testing and launch facility. Some of the city’s residents (over half of whom work at SpaceX), however, may be getting more than they bargained for when they voted to create this approximately 1.6 square mile “company town.”
The city’s elected leaders, all of whom have some connection to SpaceX, are already working on a zoning ordinance. They’re required by law to notify the city’s property owners of the details of this ordinance. That’s scheduled to be done at a public hearing later this month. Presently, the three zoning types planned are heavy industrial, open space and mixed use, with residential properties apparently falling into the third category.
This has some people concerned about the prospect of eminent domain, where privately owned land is seized by the government for public use. One Texas law professor says, “This is not eminent domain. That said, I do have some questions about the process.”
What are residents being told?
A communication sent to property owners by the city administrator said in part (in all caps) that the public hearing “WILL DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE….”
Another Texas professor says, “It sounds like maybe the city is meeting the absolute letter of the law.” However, residents aren’t expected to be shown the plan until just three days before the meeting. He says this “is not something you would do if you’re trying to have a good faith, participatory democratic process.”
Both environmental and indigenous activists have already expressed concerns about the incorporation of this area. Now, with an article on the Futurism website saying that “it sounds a lot like the constitutionally enshrined doctrine of eminent domain….” there’s more concern for what the future for the area will be.
It’s important for land and property owners and renters to recognize eminent domain, whether the words are used or not, and to know their rights under it. When there are questions or concerns, having the right legal guidance can help.
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