In general, eminent domain is a power that can be used by the government. Most land in Texas is privately owned. But there are situations when the government needs to carry out a project for the benefit of the population as a whole – such as building a hospital or an interstate – and they use eminent domain to take land from private landowners and use it for that project.
One important thing to remember in Texas is that the government is allowed to give these eminent domain powers to private entities. Most often, this means that they will give it to energy companies. These companies may be looking to purchase or lease land for drilling purposes, wind farms or any other energy production matters. The government can authorize energy companies to purchase the land that they need.
How is this legal?
People are sometimes frustrated with this process, not understanding how it can be legal for a company can just take their land.
The key thing to remember is that just compensation is required. While the government does have the ability to take land, even against someone’s wishes, there is an obligation to provide compensation for that land.
Eminent domain can sometimes become legally complicated. Companies wishing to pursue eminent domain would benefit from consulting with an attorney with experience in this field of law.
