Note The library cannot tell you what the law means for your situation.

Texas & 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.

Texas Law

Article 1, Section 17 of the Texas Constitution
Discusses taking, damaging, or destroying property for public use; special privileges and immunities; control of privileges and franchises.
Texas Government Code, Chapter 2206
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.
Texas Property Code, Chapter 21
Discusses eminent domain specifically jurisdiction, procedure, damages and costs, judgment, and repurchase of real property from condemning entity.

Federal Law

United States Constitution art. V
Discusses just compensation for property.

Understanding the Law

Because Texas and federal law may not be easy to understand, below you'll find a collection of resources that help to explain the law in simple terms.

2012 Texas Eminent Domain Laws Made Easy
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."
Easements in Texas
This publication from the Real Estate Center at Texas A&M University discusses public easements as well as private easements in Texas.
Eminent Domain in Texas
This page contains links to all the StateImpact Texas stories on eminent domain in Texas.
Eminent Domain in Texas: A Landowner’s Guide
This handbook from Texas A&M AgriLife Extension addresses eminent domain from a landowner's perspective. From the introduction: "This handbook is intended to help educate Texas landowners on the laws regarding eminent domain, their rights in the process, and to empower landowners with additional resources to best protect their land, their operations, and their livelihood."
The State of Texas Landowner's Bill of Rights
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."
Understanding the Condemnation Process in Texas
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.

Pipeline Eminent Domain and Condemnation Frequently Asked Questions (FAQs)
This page from the Texas Railroad Commission provides information for landowners facing pipeline condemnation and provides contact numbers for the Texas Railroad Commission.

Books & E-Books

E-Books

Texas residents can access e-books with a free library account.

Nichols on eminent domain
An extensive, 18-volume treatise on the governmental power to take private property for public use.
Regulatory takings [print book]
"Regulatory Takings provides clear, yet trenchant analyses of the federal and state constitutional principles that arise when expanding land use regulations clash with the right of citizens to receive just compensation when their property is taken." - publisher's description
Texas litigation guide
This comprehensive set explains the law and procedure in a given area and then provides drafting guides to prepare the forms. This e-book can only be borrowed by government employees, but librarians may be able to provide a short excerpt to library patrons upon request.