Are there any restrictions on the amount of time allotted for a taking?
In Texas, eminent domain law does have restrictions on the amount of time allotted for a taking. Under the Texas Constitution, a taking of private property must generally be completed within six years. In other words, if the state or other taking authority does not finalize the taking within six years, the taking is void. However, an exception can be made if the taking authority shows that the taking was delayed due to factors beyond their control or compliance with the reasonable requirements of federal law. There is also a two-year statute of limitations that applies to eminent domain actions. This means that if the taking authority has completed the taking but has yet to actually make compensation to the property owner, the owner must bring an action to court for just compensation within two years of the taking. This two-year period begins when the taking authority actually seizes the property or gives notice that the property will be taken. Finally, in certain cases, the state of Texas allows for temporary takings of private property. During such temporary takings, usually for road construction or other public works projects, the taking authority must pay the property owner the fair market value for the temporary use. The taking authority also must return the property to the owner in its original condition when the period of temporary taking is complete.
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