Accident on 80The Negative Side of Kaufman and Rockwall County Growth: Eminent Domain
Eminent Domain and Condemnation is the process by which the city, county, state, or private utility or other statutorily granted entity, may come in and force you to sell all or part of your property to them under the guise of a public need. For the purposes of this article, the party claiming a public need will be called a “state actor”.
Although it is a fairly complicated process, the state actor will institute negotiations with the property owner in an attempt to purchase the property outright without actually entering into the “eminent domain” process.
Under Texas law, there are three elements required to show for eminent domain: (1) The actor must be the state or a private entity authorized to condemn; (2) the property must be taken for public use; and (3) the landowner must receive adequate compensation for the condemned property.
