As population and development continue to be on the rise, eminent domain is inevitable. According to the Fifth Amendment, government entities may only take private property for public use if they give just compensation. Aside from the government, the Texas Legislature authorizes private entities to be condemners, including common carrier pipelines and gas corporations.
Projects for state development
The common misconception of public use is that it only deals with roadworks. It is a term that allows the state, public or authorized entities to own, use and enjoy the property. Among the forms of public use are:
- Transportation infrastructure: This includes projects that build or enhance roads, bridges, highways, railroads, seaports and airports.
- Utility projects: There are projects for transmission or distribution lines for electricity and pipelines for gas and oil. Other works involve lines for water, sewers and telecommunications.
- Water infrastructure: Projects that ensure water supply involve the construction of dams, drainage basins and reservoirs.
- Public structures: The state aims to boost public services by putting up hospitals, schools and other government buildings. Other public structures include parks, gardens, museums and libraries.
- Commercial buildings: Building shopping centers and malls seeks to boost the economy. The same reason is behind the construction of multifunction venues such as arenas and stadiums.
To further justify eminent domain, the authorized condemner must pay the landowner adequate compensation. The amount must be sufficient and reasonable based on the property’s market value.
Vital component for progress
Getting an eminent domain offer might be scary for private property owners. With legal support, you may determine if the offer honors your rights. You could also ask for assurance if giving up your property is worth the offer. And you may decide if the public use will really make your property a vital component for progress.
