Condemnation and eminent domain are issues that affect many land owners in the State of Texas. By definition, Eminent domain is the power to take private property for a public purpose and condemnation is the process of taking private property for a public purpose. Only entities with the power of eminent domain can initiate the process. As the issues surrounding the transportation of people, energy, water, and other transportable resources expand in our state more and more land owners are educating themselves on the laws and issues. Unfortunately, our resources are not always readily available in the areas of greatest demand and have to be carried long distances over other landowner private property. This can included roads, pipelines, waterlines, power lines, creation of lakes and reservoirs, generation plants, just about any project that is deemed “for the public good”. In recent years, due to decisions handed down by the Federal Supreme Court, Texas has passed state law and a voter approved constitutional amendment forbidding the taking of private land for private business interest. However, private lands are still subject to eminent domain and condemnation by government and quasi-governmental agencies.
|
|
|
| |