Legal and Practical Issues of Easements in Texas
Article I, section 17 of the Texas Constitution sets forth the power and authority of eminent domain in Texas. It was amended in 2009 to read as follows:
'No person’s property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person, and only if the taking, damage, or destruction is for . . . the State, a political subdivision of the State, or the public at large; or any entity granted the power of eminent domain under law...'public use' does not include the taking of property...for transfer to a private entity for the primary purpose of economic development or enhancement of tax revenues.'
What Does It Mean?
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