Texas landowners often have questions about eminent domain, the government right to seize land for the public good. The state Office of the Attorney General has published the Landowners' Bill of Rights, which addresses many common concerns of those who own homes,...
Eminent Domain
How adequate compensation is determined in eminent domain claims
There are three bedrocks for property owners with regards to Texas eminent domain laws. First, the condemner must be authorized in its use of eminent domain. Second, the land in question can only be seized for public use. And third, the property owner must receive...
What are the three phases of condemnation proceedings in Texas?
In the United States, the government has the right to take private property for public use. This is known as the right of “eminent domain.” In Texas, private entities may also be able to exercise the right of eminent domain if the project is deemed to fall under the...
I received a ‘right-of-entry’ request – what should I know?
You’re sitting at home, doing whatever you please, when there is a loud knock at the front door. You go to open it, and standing on the other side is a government official holding a document. The worker hands you the paperwork. It’s a right-of-entry request, part of...
How Texas defines public use for eminent domain
People don’t like to leave the place they’ve called home for years, but sometimes, they don’t have a choice. Because of Texas’ proximity to Mexico and large energy sector, many in the state experience the repercussions of eminent domain firsthand. Whether they are...
Do I have to accept an eminent domain offer on my property?
Eminent domain is a fact of life in Texas, but you aren't powerless against it. Anyone who claims eminent domain -- the government, a utility company or someone else -- has to follow the proper procedures to ensure that you're treated fairly. If they don't, you can...
3 FAQs on eminent domain and just compensation
"Eminent domain" is one of those terms you hear in your high school government class and hope you never hear again.Getting notice that the government is going to take all or part of your property can be confusing and intimidating. It comes with a whole set of terms...
How does eminent domain apply to land underwater?
Muleshoe lake landowner Wayne Hoang Nhut Doan filed a lawsuit against TransCanada Keystone Pipeline LP for trespassing on his property when installing a pipeline.The company had asked Doan to sign an agreement for the pipeline to proceed across the lake. When Doan...
When can the government legally take your property?
When does the government have a right to take your property? Texans feeling nervous about the possibility of either a Bullet Train or a border wall running through their backyard may also be wondering if they have a legal right to refuse the use of their property if...
Eminent domain and the fight for a border wall
One of the most memorable statements made during President Trump's election was the topic of building a border wall spanning the southern U.S. and Mexico border. Currently, there is no authorization to begin construction of the border wall. However, there are many...