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ARTICLE · 10 OCTOBER 2025

It's Getting, It's Getting, It's Getting Kinda Heavy…

The power of eminent domain originates in the Fifth Amendment of the United States Constitution (Takings Clause).

United StatesReal Estate and Construction

A quick overview of Eminent Domain and its use in Texas

The power of eminent domain originates in the Fifth Amendment of the United States Constitution (Takings Clause). A State's eminent domain authority is delegated by specific legislatively enacted statutes to state agencies, political subdivisions (i.e. cities, counties and special districts) and even some private entities, which are bound by relevant constitutional restrictions when exercising the power of eminent domain to condemn private property. Condemnation is the legal process that governmental entities and authorized private entities use when exercising their power of eminent domain to acquire private property for a public use. The power of eminent domain gives the government the ability to acquire private land for public use, such as building schools, highways and utility and water lines.

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