Below are some of the library resources that can provide further guidance on this topic. The Texas State Law Library has many other resources in addition to the highlights we present below. Please call us at (512) 463-1722 if you have any questions about these materials.
This volume from the American Bar Association explores recent developments in eminent domain law. Topics covered include public use and public purpose, compensation, taking damages, severance damages, the litigation process, flooding and erosion, and inverse condemnation. A fifty-state survey of public use standards is also included.
This book was written to inform the public of the current issues surrounding eminent domain in this country. It starts with the story of the Gore family in Freeport, Texas and then continues to discuss other recent eminent cases including Kelo.
This title contains ten essays that review the overall impact that Kelo v. City of New London had on permissible public use and eminent domain law in general. A CD-ROM also contains court decisions, parties' briefs, and amicus briefs for Kelo v. City of New London as well as site plans and maps, photographs, and Justice Steven's speech after the Kelo decision.
About This Guide
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.
Texas and Federal Law
Below you will find references to areas of the Texas Constitution, Texas Government Code, Texas Property Code and federal law that govern eminent domain and issues related to eminent domain. If you find these statutes difficult to understand, you may want to view the "plain English" resources on this page or speak to an attorney.
Discusses eminent domain specifically limitations on purpose and use of property acquired through eminent domain, procedures required to initiate eminent domain proceedings, and expiration of certain eminent domain authority.
This publication from the Texas Attorney General provides answers to frequently asked questions about Texas eminent domain laws such as "what is the legal basis for the power of eminent domain" and "who pays the cost of an eminent domain proceeding."
The State of Texas Landowner's Bill of Rights from the Office of the Attorney General discusses landowners' rights when facing condemnation. From the introduction: "This Landowner’s Bill of Rights applies to any attempt by the government or a private entity to take your property. The contents of this Bill of Rights are prescribed by the Texas Legislature in Texas Government Code Sec. 402.031 and Chapter 21 of the Texas Property Code."
Condemnation is defined in the summary as "the appropriation of private property by the government against the will of the owner." This publication from the Texas A&M Real Estate Center looks at the legal restraints on condemnation and what to do when confronted with condemnation.
Who Can I Contact?
While most condemnation proceedings take place in court, landowners facing pipeline condemnation may want to review the page below for contact information for the Texas Railroad Commission.
The information provided on this page has been prepared for general information purposes only and should not be construed as, nor substituted for, legal advice. It is strongly recommended that you contact an attorney for advice specific to your fact situation. Your local bar association or the State Bar of Texas Lawyer Referral Information Service (1-800-252-9690) can assist you with locating an attorney.
Some of the electronic resources we refer to in this guide may be in PDF format. Adobe Reader or similar software is required to view PDFs.
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