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.”

 

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