Conferred by the constitution as well as the State Legislature of Texas, the power of eminent domain has been granted to government authorities and entities by law where they can acquire private property for public use. The delegation of such power is by law, but that does not mean it cannot be questioned.
While we are aware that the purpose behind eminent domain is to acquire private land for the construction of infrastructure projects that could be anything like highways, parks, schools or public buildings, etc. It can also be used for construction of water pipelines, natural gas, electric transmission lines and more.
The Texas Government code title 10, sub-title E under Chapter 2206 describes how eminent domain is to be applied across the state of Texas. In order to keep a check over this power and to maintain certain limits, the code confers limits on who is authorized under this power and can appropriate private property under eminent domain.
If we talk about the authorities, the federal and state as well as the municipal and the county governments have been conferred with the authority to exercise eminent domain. Though it is noteworthy that many public companies are also granted the the condemnation power for installation of public works such as power lines, etc.
With a growing need of acquiring land for public projects as the population grows, the number of cases under eminent domain has been rising. It is all about how effectively and justly condemnation has been applied that can actually make it an effective tool benefiting the state economy and the public as a whole, which might not always be the case.
The Comptroller’s Database: Who Is Authorized for Eminent Domain
In Texas, 2 state laws make it necessary for the state comptroller to maintain a public listing of properties up for eminent domain. The listing needs to be specific where authorized properties under eminent domain of Texas can be reviewed. This online listing is called Comptroller’s Online Eminent Domain Database.
The main purpose of the listing is to list all the authorized entities who can use the eminent domain power in Texas. Along with who is authorized by law to use eminent domain, the list also mentions a complete listing of the entity’s contact information, their type along with the law that has granted them the eminent domain authority, along with many other things.
But that is not all. The database is not a complete inquiry in itself when it comes to researching authorized eminent domain in Texas. The least this database can do is to make the general public aware of what what properties are up for eminent domain and who are the authorized entities.
One should be aware of their Eminent Domain Property Rights when it comes to dealing with condemnation. Consulting an Eminent Domain Lawyers Houston can help you understand the fineprint of the law so you don’t miss out on crucial points that can help you make a just case for claiming the right compensation and, or resisting condemnation.