Can private individuals use eminent domain?
No, private individuals cannot use eminent domain in Texas. Eminent domain is a power used by governments to take private property for public use. This power allows the government to take land that is owned by a private individual for a project that will benefit the public, such as roads, parks, or other public works. The government is required to pay the owner fair market value for the land, as determined by an appraiser. Eminent domain is a very powerful tool and is often controversial. Private individuals cannot use this power in Texas because it is reserved for the government and its agencies. If a private individual wishes to use a piece of land, they must negotiate with the owner and come to an agreement on price and terms. There is one exception to this law in Texas. The state allows private entities to use a type of eminent domain known as condemnation. This is when a private entity can use the power of condemnation to take a right of way or other easement on private property to build infrastructure such as pipelines or power lines. However, the private entity must pay just compensation to the landowner for the easement.
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