What is eminent domain?

Eminent domain is a legal concept where the government has the authority to take private property from individuals for public use. This is also known as condemnation or expropriation. The government may do this to build public infrastructure such as roads, bridges, and utilities, or to develop public facilities such as parks and schools. In Texas, eminent domain is governed by the Texas Property Code. This code explains the situations in which the government may take private property for public use. Under the code, the government may use eminent domain where a taking of private property is necessary for public use or benefit, such as the construction of public roads or the development of public facilities. The government must provide just compensation to the property owner when it takes the private property. This compensation should be equal to the fair market value of the property, or its highest and best use. Additionally, the owner should be provided with relocation benefits and other assistance. If the taking of the private property is contested, the property owner may appeal to the Texas courts. In these cases, the court will make a decision as to the legality of the taking of the property and whether the property owner was adequately compensated.

Related FAQs

Are there any restrictions on the use of eminent domain power?
What is the difference between condemnation and a regulatory taking?
What are the differences between federal and state law when it comes to eminent domain?
How does the government determine the public use of a taking?
What is a blight designation?
How can I challenge an eminent domain action?
Who has the power of eminent domain?
What is a public necessity?
What is a taking?
What is the difference between eminent domain and zoning?

What is eminent domain?

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