Ranchers, landowners talk about eminent domain
“Eminent domain, or condemnation, is a government process that can take private land for public use. In reality, the process can’t be stopped by private landowners, but at least the individual is to be compensated for the loss.
Knowing about the process is becoming more important, especially in a time where more power lines are being put up and electric transmission lines are being built. Paul D. Barkhurst presented the nuts and bolts of the process at the meeting of the Ranchers and Landowners Association of Texas at the Bandera Electric Cooperative Tuesday, March 26.
Brakhurst, a San Antonio attorney with the firm of Barkhurst and Hinojosa, told the group that eminent domain is the inherent right of the sovereign, which is the federal or state government in the United States.
“The states can delegate that power to cities, school districts and other entities,” Barkhurst said.
The landowner, at least, is to be paid for his/her loss. No property may be taken, damaged or destroyed without due process of law, Barkhurst said. He noted that in Texas, the “damaged or destroyed” was added to the law. Not all states have that protection.
The government can’t condemn and then take property without a need.
“There has to be a necessary public project,” Barkhurst said. “A substantial number of people have to receive good results,” Barkhurst said. If the benefit is just for one landowner, it won’t happen.”
Frazar, James Henry. Bandera Bulletin 4 April 2013.