Brown Hofmeister

Brown & HofmeisterAttorneys Attorneys


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Condemnation and Eminent Domain: What Does it Take to Take Someone's Land?

by Robert F. Brown
The power of eminent domain or, as it is commonly referred to, the power of condemnation, is the lawful authority of a city to force a private landowner to sell his property to the city for a public use. The purpose of this paper is to provide a lay person’s explanation of the Texas laws that govern condemnation when feasible, with an emphasis on practical pointers and advice. Also, certain recent legislative changes brought about by Senate Bill 18, effective September 1, 2011, are discussed and highlighted, both to inform the reader of these changes, as well as to demonstrate the ever-evolving nature of the highly contentious power of condemnation.

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