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What Is Eminent Domain?

Eminent domain is a concept that comes to us from the United States Constitution. The Fifth Amendment provides that no one may take private property for public use without just compensation. The Texas Constitution likewise address eminent domain in Article I, Section Seventeen, which provides that property may not be taken, damaged or destroyed for public use without payment of just compensation.

The United States Supreme Court laid out their basic interpretation of eminent domain in the 1946 landmark case U.S. v. Carmack. In the case, two federal agencies sought to take land for both a future federal courthouse and post office, citing their power under the Condemnation Act of 1888 and the Public Buildings Act of 1926. The court stated that the federal government holds the absolute power to seize privately or publicly owned land under the Fifth Amendment.

Who May Use Eminent Domain to Take Land?

As governmental agencies or public utility companies build infrastructure, it sometimes becomes necessary to use land that is owned by another person or entity. When this happens, the authority seeking what is known as "condemnation" may make landowners an offer to purchase title or access to their land. Common reasons that the government may attempt to condemn the land would be to obtain access need to build power lines, oil or gas pipelines, water pipelines, roadways or government buildings or other necessary infrastructure. The condemnor is required to make an official declaration of their intention to take the land under the law of eminent domain.

When governmental agencies or public utility companies make their first offer, it is usually a "low-ball" offer. Condemning agencies may attempt to pressure the landowner with claims of authority or a quickly approaching deadline placed on the owner to reply to the offer. Many times, the condemning agency hires people to act as agents to negotiate the sale with citizens. These people are great salespeople who will know which tactics will work to strong-arm owners into accepting an offer of compensation that is less than they may be entitled to.

Do I Have to Accept the Condemnation Offer?

No, it is not in your best interest to accept any offer for condemnation without first speaking to an experienced Texas eminent domain attorney. Your attorney will be able to examine the details of your particular case, advising you of your rights and fully explaining your options. Your attorney may then negotiate the condemnation offer for you, or they represent you in the legal process that follows. These disputes are first referred to a special commission which uses three court-appointed commissioners to decide the fair terms of the condemnation. If the parties cannot reach an agreement after the commissioners make their determination, it may be necessary for your attorney to help you fight for your rights in court.

ABOUT THE AUTHOR: Michael M. Barron
Michael M. Barron is a co-founder Barron, Adler, Clough & Oddo, LLP. The firm has over 30 years of experience representing Texans in eminent domain cases. Mr. Barron earned his B.A. from The University of Texas at Austin in 1969 and his J.D. from The University of Texas at Austin in 1972.

Copyright Barron Adler Clough & Oddo, LLP

Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case. For specific technical or legal advice on the information provided and related topics, please contact the author.

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texas eminent domain law 101: what landowners need to know

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Texas Eminent Domain Law 101: What Landowners Need to Know

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What Is Eminent Domain? Eminent domain is a concept that comes to us from the United States Constitution. The Fifth Amendment provides that no one may take private property for public use without just compensation.

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Inverse Condemnation and Regulatory Takings

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Inverse Condemnation and Regulatory Takings

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If your land has been taken or damaged by the government without proper payment, Barron, Adler, Clough & Oddo, LLP is here to fight for your rights.

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808 Nueces St

Austin, TX 78701

Phone: 512-478-4995

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Eminent Domain Guide from Texas State Law Library

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Eminent Domain Guide from Texas State Law Library

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This guide was created to provide an overview to eminent domain law in the state of Texas. Links to sections of the Texas Constitution, the Texas Government Code, and the Texas Property Code that deal with eminent domain as well as resources that provide "plain English" explanations of the Texas law are provided.

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Guides: Eminent Domain: General Information

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This guide was created to provide an overview to eminent domain law in the state of Texas. Links to sections of the Texas Constitution, the Texas Government Code, and the Texas Property Code that deal with eminent domain as well as resources that provide "plain English" explanations of the Texas law are provided.

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Historic South Texas Ranch Fights Eminent Domain Threat from Highway Expansion

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Rene Ramirez believes the planned highway expansion is currently unnecessary.

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Trident Pipeline: Know Your Rights Before Granting Survey Access

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