Texas Eminent Domain Law: What Landowners Need to Know

“Eminent domain” is the legal authority for a governmental entity, or a private entity authorized by the government, to take private property for public use.  “Condemnation” is the process by which the private property is taken.  In Texas, eminent domain and the condemnation process are governed by Chapter 21 of the Texas Property Code.

A government authority or private entity authorized by the government can “condemn,” or take, private property for a variety of public uses.  However, the United States Constitution does not allow private property to be taken for public use without just compensation.

Some examples for which private property is taken through the condemnation process include the following:

●          Infrastructure projects, such as building or expanding highways, roadways, bridges, and rail lines.

●          Utilities projects, such as running gas pipelines, water and sewer lines, and electric power transmission lines.

●          Large-scale commercial projects, such as ballparks, arenas, and shopping centers.

Sometimes the governmental entity seeks to take the property owner’s entire parcel of land.  But sometimes it seeks just a piece of the land, or an easement to gain access to part of the land or to run pipes underground or power lines overhead.  Sometimes it seeks a landowner’s rights to surface or groundwater.   However much or little of the property that is sought, the landowner has the right to just compensation.  The Texas Landowners’ Bill of Rights describes in further detail the rights to which Texas landowners are entitled and how the condemnation process works.