Eminent domain is the power of the government to take private property for public use. In Texas, eminent domain is governed by the Texas Constitution and the Texas Property Code. There have been many eminent domain cases in Texas over the years, some of which have been controversial.
The Kelo Case
One of the most controversial eminent domain cases in Texas was the Kelo case. In this case, the city of New London, Connecticut used eminent domain to take property from a group of homeowners in order to give it to a developer who planned to build a shopping center. The homeowners sued, arguing that the taking was not for public use. The case went all the way to the Supreme Court, which ruled in favor of the city.
The Texas Central Railway Case
Another controversial eminent domain case in Texas is the Texas Central Railway case. The Texas Central Railway is a proposed high-speed rail line that would run from Dallas to Houston. The company has been using eminent domain to acquire the land it needs for the project, but many landowners have been fighting back. Some have argued that the taking is not for public use, while others have argued that the Texas Central Railway does not meet the definition of a railroad under Texas law.
The Trans-Pecos Pipeline Case
Another recent eminent domain case in Texas is the Trans-Pecos Pipeline case. The Trans-Pecos Pipeline is a natural gas pipeline that runs from the Permian Basin in West Texas to Mexico. The company used eminent domain to acquire the land it needed for the pipeline, but many landowners fought back. They argued that the taking was not for public use and that the pipeline would harm the environment.
The Red River Boundary Dispute Case
Another eminent domain case in Texas that has been in the news recently is the Red River Boundary Dispute case. The dispute is over the boundary between Texas and Oklahoma along the Red River. The Bureau of Land Management has claimed that the boundary is further south than what has been traditionally recognized, which would put many Texas landowners at risk of losing their property. The case is still ongoing.
The Texas Bullet Train Case
Another proposed high-speed rail line in Texas is the Texas Bullet Train, which would run from Houston to Dallas. The company behind the project, Texas Central Partners, has been using eminent domain to acquire the land it needs for the project. Many landowners have been fighting back, arguing that the taking is not for public use and that the project would harm the environment.
The Keystone XL Pipeline Case
The Keystone XL Pipeline is a proposed oil pipeline that would run from Canada to the Gulf Coast. The project has been controversial, with many environmentalists opposing it. The company behind the project, TransCanada, has been using eminent domain to acquire the land it needs for the project. Many landowners have been fighting back, arguing that the taking is not for public use and that the pipeline would harm the environment.
The Texas Land Commissioner Case
In 2015, the Texas Land Commissioner, George P. Bush, announced that he was using eminent domain to acquire land along the Texas-Mexico border in order to build a border wall. Many landowners fought back, arguing that the taking was not for public use and that the wall would harm the environment. The case is still ongoing.
The LBJ Freeway Expansion Case
In 2011, the Texas Department of Transportation announced that it was using eminent domain to acquire land for the expansion of the LBJ Freeway in Dallas. Many homeowners and businesses fought back, arguing that the taking was not for public use and that the project would harm the environment. The case went all the way to the Texas Supreme Court, which ruled in favor of the department.
The Baughman Cemetery Case
In 2012, the city of Plano used eminent domain to acquire a small cemetery where several members of the Baughman family were buried. The city wanted to expand a nearby park. The Baughman family fought back, arguing that the taking was not for public use and that the city had not made a good-faith effort to relocate the graves. The case went to trial, and the family won.
The Texas Tech University Expansion Case
In 2016, Texas Tech University announced that it was using eminent domain to acquire land for an expansion of its campus in Lubbock. Many homeowners fought back, arguing that the taking was not for public use and that the project would harm the environment. The case is still ongoing.
The Texas High-Speed Rail Case
The Texas High-Speed Rail is a proposed high-speed rail line that would run from Dallas to Houston. The company behind the project, Texas Central, has been using eminent domain to acquire the land it needs for the project. Many landowners have been fighting back, arguing that the taking is not for public use and that the project would harm the environment.
The Big Bend National Park Expansion Case
In 2017, the National Park Service announced that it was using eminent domain to acquire land for an expansion of Big Bend National Park. Many landowners fought back, arguing that the taking was not for public use and that the project would harm the environment. The case is still ongoing.
The Texas Water Pipeline Case
In 2016, the San Antonio Water System announced that it was using eminent domain to acquire land for a water pipeline that would run from Burleson County to San Antonio. Many landowners fought back, arguing that the taking was not for public use and that the project would harm the environment. The case is still ongoing.
The Texas Border Fence Case
In 2008, the federal government announced that it was using eminent domain to acquire land along the Texas-Mexico border in order to build a border fence. Many landowners fought back, arguing that the taking was not for public use and that the fence would harm the environment. The case is still ongoing.
The Texas Toll Road Case
In 2003, the Texas Department of Transportation announced that it was using eminent domain to acquire land for a new toll road in Dallas. Many homeowners fought back, arguing that the taking was not for public use and that the project would harm the environment. The case went to trial, and the homeowners won.
The Texas State Highway Expansion Case
In 2015, the Texas Department of Transportation announced that it was using eminent domain to acquire land for an expansion of State Highway 249 in Montgomery County. Many landowners fought back, arguing that the taking was not for public use and that the project would harm the environment. The case is still ongoing.
The Texas Wind Farm Case
In 2008, a wind farm developer announced that it was using eminent domain to acquire land for a wind farm in Texas. Many landowners fought back, arguing that the taking was not for public use and that the wind farm would harm the environment. The case went to trial, and the landowners won.
The Texas State Park Expansion Case
In 2018, the Texas Parks and Wildlife Department announced that it was using eminent domain to acquire land for an expansion of Palo Pinto Mountains State Park. Many landowners fought back, arguing that the taking was not for public use and that the project would harm the environment. The case is still ongoing.
The Texas Oil Pipeline Case
In 2014, a company announced that it was using eminent domain to acquire land for an oil pipeline that would run from Cushing, Oklahoma to the Gulf Coast. Many landowners fought back, arguing that the taking was not for public use and that the pipeline would harm the environment. The case went to trial, and the landowners won.