Texas School District Backs Off Effort To Seize a 79-Year-Old Man's Home for Stadium Parking
The Aldine Independent School District had wanted the property as part of a $50 million redevelopment of its high school football stadium.

A Texas school district has dropped its efforts to seize a 79-year-old man's home for an expanded parking lot.
After minimal discussion during a Thursday night meeting, the Aldine Independent School District (ISD) board voted unanimously to end its efforts to acquire a one-acre parcel and home owned by Travis Upchurch.
"We are as a family completely relieved. We can go back to our normal lives. We don't have to worry about what's going to happen to our dad or where dad's going to go," says Tara Upchurch, Travis Upchurch's daughter.
For the past several months, her family has been frantically trying to fend off the Aldine ISD's efforts to acquire Upchurch's property for a high school football stadium's parking lot—part of a $50 million rebuild of the stadium.
In June, the family received a letter from a third party hired by the district, intimating that the school would try to take the property via eminent domain if a voluntary sale wasn't agreed to.
Upchurch's property is already bordered on three sides by stadium parking, and the district owns the lot across the road as well. Tara Upchurch told Reason in August that the family had always assumed the district would purchase her father's property (which had been in the family since 1916) once he passed away.
The idea of forcing her father to relocate before then was terrifying, she said. Yet despite repeated efforts to work out a deal with the district that would allow Travis Upchurch to live out his remaining years in the home, the school district appeared intent on acquiring the property as soon as possible.
Last month, lawyers for the district took a new approach: They told Tara Upchurch that her father's property wasn't necessary for the stadium project and that the district was primarily concerned about liability issues associated with having someone live so close to its construction projects.
Then last night, one week before school elections, the school board voted to stop its efforts to acquire the property.
"This will allow Travis Upchurch to retain ownership and landowner responsibilities for these properties. To this end, this matter is concluded and all negotiations have ceased," said Aldine ISD in a statement.
Tara Upchurch says that she's grateful for this result, but she's concerned that the district might take up its eminent domain efforts again after the election.
"We don't put anything passed Aldine right now. We are nervous," she says.
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"This will allow Travis Upchurch to retain ownership and landowner responsibilities for these properties. To this end, this matter is concluded and all negotiations have ceased,"
In other words, he has been enrolled in the 'code violation of the month' club.
I was thinking the next step would be to have the place condemned for not being up to code.
I am someone who immediately suspects that skullduggery is at work when any government entity begins to covet a piece of private property. And I view most holders of elective office as venal and greedy, often with a wide streak of bully-boy running down the middle of their back. (What good is power if you don't use it periodically?)
I was amazed that the Aldine School Board members individually had the courage - the stiffness of spine and the intestinal fortitude - to plan to move forward with a plan to take a 79 y/o man's house to finish off a parking lot. However, with my general world view, I wrote this off as a simple lack of awareness rather than an example of fortitude and bravery. After all, it's not heroic to enter a lion enclosure to rescue a child if you think lions are both herbivore and pacifist.
Occam's Razor advises that when both stupidity and cupidity are potential explanations for an observation, one is generally well-counseled to assign the case to stupidity, meaning that the School Board had never really considered the slope of the graph representing the decreasing degree of control that criminal law imposes on a man as he ages, and especially once he reaches "advanced age"; they therefore had not considered what might happen to them individually if the old man decided to exercise a right of private action against his tormentors. After all, if they took his house, he would then need a place to live. And he would have the option of taking actions that would cause the state of Texas to give him a place to live (as well as three meals per day, even if the meals weren't what he'd choose for himself). Perhaps someone tipped them off.
I wonder what really caused them to "back off" the old man.
I wonder what really caused them to “back off” the old man.
Upchurch's purchase of a D9 and all of the late-night welding.
A man with nothing left to lose just might resort to a Killdozer.
One week before school board elections.
When it was just a house in the middle of a planned parking lot the idea was (supposedly) to throw money at it or (supposedly) ED it. Once they found out it was a house with a 79 yr. old guy living in it who wouldn’t move for any amount of money, the recognition that just waiting a couple years to see if the dude croaks was going to take about the same amount of time and cost less money and made that, more virtuous or not, the better option.
I mean it's a fucking school board.
Aldine ISD said in a statement to the Chronicle that they tried to purchase the Upchurch property voluntarily last year but had their offer rejected. Tara Upchurch and her father both dispute this, saying they were never approached by the district about a voluntary purchase of their property.
the family received a letter from a third party hired by the district, intimating that the school would try to take the property via eminent domain if a voluntary sale wasn’t agreed to
Once again, more contradictory, run-full-speed-ahead-with-wholly-unsubstantiated-claims, vague cloak-and-dagger reporting from Reason.
So, when you previously reported that they didn’t get word about a voluntary purchase from the district was that a mistake or a lie? Did this mysterious letter come from a legal representative of the district the district (so not exactly 3rd party) *stating* terms or did the fucking janitor say he didn’t want to tell anyone because he didn’t want to alarm anyone but he heard someone say “eminent domain” through one of the HVAC registers? If there’s a fucking written letter why are we getting what it “intimated” rather than what it said? Are you the least bit of a journalist or do you not know how to work a phone and verify facts?
Are you the least bit of a journalist[.]
Shit man, did you have a stroke? I know you're not new here... of course Britches isn't a fucking journalist.
"Journalisming is hard. Let's go shopping!"
I mean, this was my thought, that trying to kick an old Texan out of a house he really doesn't want to sell might end up being an exceedingly poor choice for the school board. But who knows.
I have ben alive to long to believe in Occam's razor
Oh, whew, the District that didn't initiate ED proceedings and said they weren't initiating ED proceedings is backing off the ED proceedings they didn't initiate and said they weren't initiating in the first place but which were alleged by some unnamed 3rd party.
The story, by your own telling, is a literal nothingburger.
The fuck does erectile dysfunction have to do with eminent domain?
At 79 he won't last forever and the home is probably heading to 'tear down' status. Now is the time to get the best price. And don't blame the town if he gets run over as people are exiting Saturday's game.
>>"We don't put anything passed Aldine right now. We are nervous," she says.
did she spell "past" like that when she said it?
What part of "football in Texas" do you not understand?
they force upon us an hour-long statewide highlight recap every Friday on one of the local Dallas canals.
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"There's no time to teach spelling, we've got a football rally."
In such cases, there's always a part of me that wonders whether in fact the acquisition offer was more than fair but the owner thought they could really make a ton of money and so wouldn't sell even at a very good offer. I'm not saying it's true in this case, of course.
In some cases I think what you said is probably true.
However in this case the guy is almost 80 and living in a home that's been in the family longer than he's been alive.
I don't think any amount of money could get him to leave.
There's always a part of me that says eminent domain is a crime against humanity. That a fucking school board can pull this shit for a HS football parking lot is just insane.
In general, I agree, but then things will only be built on open land.
As they should be.
It's one thing when ED is used for a road that would be quite a twisty mess if it swerved around every hold-out property. It's quite another when it's for something that could quite easily build around the hold-out.
Of course, we shouldn't have public schools in the first place, and ED should not even be possible for a private school - let alone for the industries that wanted Susette Kelo's home or Poletown in Detroit.
"We don't put anything passed Aldine right now. We are nervous," she says.
Past, not passed. The author must have attended the Aldine public schools.
I don’t get why there’s a problem at all.
Why don’t they just buy the land with an option for him to live at his remaining few years in the house.
He’ll be dead in a few years and then they can tear down the house and complete their parking lot.
Great question
It would be cool if he rented out a few spots in his driveway on game day just because. Or went to stay with his brother and rented out his home on Airbnb.
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