Part 1: Eminent Domain in Texas – What Is It?
“Today we will kick off a four-part blog series on eminent domain in Texas. The purpose of this series is to provide landowners with basic information about the power of eminent domain, to explain the procedures surrounding condemnation proceedings, to specifically discuss eminent domain as it relates to oil and gas pipelines, and to provide a list of terms to consider when negotiating a pipeline easement. The series will be posted every Monday for the next month.
Today, Part 1 of this series will provide the basic background on the law surrounding eminent domain in Texas.
What do the terms eminent domain and condemnation mean?
Eminent domain is the power of the government or someone acting upon power granted by the government to take private property for public use. The power of eminent domain is recognized in both the United States and Texas Constitutions. The Fifth Amendment of the United States Constitution provides that private property may not be taken for public use without just compensation. Article I, Section Seventeen of the Texas Constitution, likewise, prohibits the taking, damaging or destruction of property for public use without adequate compensation being made.
Condemnation is the exercise of the power of eminent domain. Thus, when the government or a person/entity authorized to use eminent domain takes property, it engages in condemnation.”
Dowell, Tiffany. Drovers Cattle Network 17 March 2014.
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