Eminent Domain Report

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 ...

Most private development projects in California trigger some sort of discretionary public approval, whether it be environmental review, zone changes, permits, or other forms of entitlement approvals.  As part of that approval process, public agencies are more frequently demanding certain off-site public improvements to accommodate the proposed private development.  Such improvements could include, for example, street widenings to accommodate additional traffic, pump stations for additional water capacity, or flood improvements to address drainage or run-off concerns.  ...