Eminent Domain In Houston Texas
Eminent domain laws in houston tx the government s exercise of eminent domain is known as condemnation.
Eminent domain in houston texas. Posted in eminent domain on august 17 2020. Texas is a state rich in natural resources and vast expanses of land. Title 10 subtitle e chapter 2206 of the texas government code describes the rules and regulations pertaining to eminent domain in texas.
Using the power of eminent domain the texas department of transportation acquired about 44 acres of land along boudreaux road east of state highway 249 offering to pay 3 2 million in 2014. What is eminent domain in texas. Title 4 of the texas real property code governs the issues involving actions and remedies for eminent domain.
To avoid abuses there are many limits to how when and who can appropriate private property through the use of eminent domain. You can read it here. Austin tx december 15 2020 the controversy over a high speed rail project between dallas and houston continues as the parties submit briefs to the supreme court of texas scotx about the project s ability to use eminent domain.
Houston property owners are granted stronger rights and protections under texas law than the u s. A legitimate use of eminent domain in texas authority requires three elements. 1 a government or an authorized private entity must condemn the property.
And 3 the condemning entity must pay the. James miles a landowner in leon county whose land would be bisected by the planned 240 mile rail project has filed his brief on the merits of the case as. Constitution when it comes to eminent domain issues.
Additionally a good condemnation attorney can fight to protect the property owner s rights and help minimize the impact on the remainder of the tract. 2 the purpose must be for public use. The texas state legislature and eminent domain.