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 ...

Every condemnation case in Texas must go through an administrative phase in which disinterested real property owners (who live in the county where the suit is filed) are appointed as Special Commissioners to assess the market value of the property being condemned and damages, if any, to the remainder property and render an Award on compensation after hearing testimony and evidence from both sides at a Special Commissioners Hearing. … 

In 1831, the colony of Gonzales requested a cannon for defense that was granted by the Mexican authorities. This cannon was a Spanish made bronze six-pounder. The grant had one condition; the cannon had to be returned when asked. By 1835, the political climate had changed in the area and Mexico had asked the Texians to return the cannon. The Texians response: “Come and Take It”. This led to a Mexican military response against the Texians with the colonists producing a flag of a white field with stitching of a black star, a cannon and the words: COME AND TAKE IT. The Texians faced off ...