While the Texas Constitution grants the government the power of eminent domain the right to take private property for public use this power is not absolute. Certain properties, primarily those owned by religious organizations and cemeteries, enjoy specific constitutional protection against condemnation. Additionally, property owned and used by public entities like other governmental bodies, schools, and public utilities, is generally immune, as are properties already dedicated to public use. Furthermore, the taking must genuinely be for public use, such as for roads, schools, or utilities, and not for private gain. A key element in any eminent domain proceeding is the provision of adequate compensation to the property owner. This compensation typically encompasses the fair market value of the property, as well as damages resulting from the taking.
The limitations on eminent domain protect fundamental rights of property ownership and religious freedom. These safeguards are essential for a balanced society, ensuring that government power is not exercised arbitrarily or without just compensation. Historically, the concept of eminent domain has been subject to debate and legal challenges, often focusing on the definition of “public use” and the fairness of compensation offered. These protections are crucial in maintaining public trust and preventing potential abuses of governmental authority.
