What is the standard of review for an eminent domain case?

In Texas, the standard of review for an eminent domain case is known as the “substantial evidence” standard. This is a form of de novo review, meaning that all evidence is weighed anew by the reviewing court. That means that the court considers the entirety of the evidence that was presented at the trial court level, as well as any additional evidence that was not presented during the original proceedings. After analyzing the evidence, the court then determines if the evidence is sufficient for the state or other party to approve the proposed taking of the property. In deciding whether to approve the taking, the court must look at the amount of money that the state or other party is offering for the property, and if it is fair and just compensation based upon the evidence presented. In some cases, the court may determine that the amount of money that is being offered for the property is fair and just compensation, and that the proposed taking of the property is in the public interest. This would be known as a “just compensation” ruling. In other cases, the court may decide that the amount of money offered for the property is insufficient or unreasonable, and that the proposed taking of the property is not in the public interest. This would be known as an “unjust compensation” ruling. The standard of review for an eminent domain case in Texas is the substantial evidence standard, meaning that the court weighs all of the evidence presented during the trial proceedings, as well as any additional evidence, to determine if the proposed taking of the property is fair and reasonable and in the public interest.

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What is the standard of review for an eminent domain case?

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