Gulf Coast Shrimper Fights Eminent Domain

Representatives from the City of Freeport and Western Seafood didn't return telephone calls seeking comment about the case, which is on the July 7 docket of the US Court of Appeals Fifth Circuit. In a press release, Wright Gore III, son of Western Seafood's president, said the oral presentation will challenge the city's right to just take the land as well as the Supreme Court ruling, which supports a government agency's right to eminent domain. At this time, city officials and company executives are in the midst of mediation to avoid further litigation.

Shortly after the Kelo decision was rendered, the city and economic development corporation filed a case in federal court to gain control of the land. The city contends the Western Seafood situation was grandfathered by the Supreme Court ruling. The city also is considering a $6-million, non-recourse loan to the development company, led by H. Walker Royall, and granting a seven-year abatement on property taxes for the project.

"We are fighting for survival, for the right to make a living," Gore said. "If our property were being taken for a road or bridge, we would understand that as public use. But to take away our property and our livelihood for another person's enrichment is just un-American." He pointed to the Texas Legislature's SB 7, which was passed last summer as a statewide safeguard against use of Kelo v. New London.

The outcome, though, could end up being less dramatic than it appears at this point. A neighboring business, Trico Shrimp Co., has made a deal with the city to swap 200 feet for comparable nearby frontage on the Old Brazos River. The city also is willing to rebuild Trico's facilities on the new site. Freeport's leaders have made a similar relocation offer to Western Seafood--and sources report that company heads are mulling it over. Should that occur, the city will most likely end up with the waterfront land.