Public Use vs. Public Purpose

The Facts

* Both the United States and Texas constitutions authorize the use of eminent domain only for a “public use.”

* Most grants of eminent domain authority by the Texas Legislature, however, allow takings for “public purposes.”

* Last session, the Texas Legislature began to reverse this in SB 18 by authorizing the use of eminent domain for cities, counties, and school districts only for a public use.  

Recommendation

* Change all references to in statute to “public purposes,” “public purpose,” or simply “purpose” when authorizing the use of eminent domain to “public uses” or “public use.”