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Aldine ISD Eminent Domain Dispute underway
FOX 26 Reporter Sherman Desselle spoke with family members who are involved in a dispute with the Aldine Independent School District.
HOUSTON - An elderly Texas man is fighting to keep his family's land from being taken by a school district for a new football stadium.
Travis Upchurch, 79, has lived on his one-acre lot in Aldine for nearly 50 years. The land is located just steps away from the district's football stadium, which is currently under a $50 million renovation.
The Upchurch family has been here since 1905, creating memories for five generations. Travis' grandfather, a dairy farmer, once owned 40 acres along the road. His late mother’s property, just a tenth of a mile away, is set to be purchased by the district as well. W.W. Thorne Stadium opened in 1979.
"W.W. Thorne was my second-grade principal," Upchurch laughed.
Upchurch family photo in front of their property on Aldine Meadows Road.
Over the summer, Upchurch tells FOX 26 an appraiser demanded access to both homes to assess the value of the properties.
He was told this one-acre will be used for parking spaces for the stadium, set to be completed in August 2024. The stadium and district building adjacent to it are surrounded by asphalt.
Upchurch's children have been pleading with the district for an alternative. According to the final offer letter obtained by FOX 26, if the family rejects the school district's offer, the district could begin eminent domain proceedings. Eminent domain allows the government to take private property for public use.
"This is a man who clings to the familiar life that he has on Aldine Meadows Road," said his daughter Tara. "I am so worried to see what happens if we actually have to move him somewhere else."
Upchurch family photo in front of their property on Aldine Meadows Road.
Attorney Michael Bins of the Potts Law Firm in Houston says that this type of situation often happens, especially in areas where there is a lot of development.
Bins became a lawyer after his family's property near Heights High School (formerly Reagan High) was acquired by Houston ISD to build a football stadium nearby. "I'll never forget that feeling of helplessness," said Bins.
The term "public use" is broadly defined in the State of Texas, according to the attorney. The most common reasons are roadway expansions, parks, and infrastructure.
"Governor Greg Abbott just announced a $142 billion infrastructure plan, which is going to increase the number of government projects like this," said Bins.
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Bins also said that a case like Upchurch's can be extremely difficult for a property owner to win in court. However, he says that an attorney can help an owner receive just compensation.
Upchurch is hoping that the school district will reconsider its offer and allow him to stay on his land until he passes away.
"Let me stay here until I no longer can stay by myself or something like that," he said. "You're going to end up getting it anyway," he said.
Aldine ISD sent a statement on this matter to FOX 26:
"Balancing the needs of our school district to support student safety and education while also preserving our community history requires delicate conversations. Negotiations continue and additional direct dialogue with the Upchurch family is underway to discuss viable options related to the family’s property. We are hopeful to reach a mutually beneficial resolution very soon. No condemnation suit has been filed at this time.
At a board meeting on June 14, 2022, the Aldine ISD Board of Trustees approved plans to build a state-of-the-art facility that would meet established safety standards as well as create an enhanced experience for our student-athletes, parents, spectators, and other members of the community."