Eminent domain authority has expanded beyond immediate public necessity to almost any conceivable public use. This expansion of authority threatens private property ownership.

Key points:

  • With the Kelo decision in 2005, eminent domain authority has expanded to include condemning land for economic development.
  • After decisions like Denbury and Miles, private entities can exercise eminent domain authority.
  • In response to these decisions, Texas established the Landowner’s Bill of Rights to ensure property owners are informed of their rights regarding condemnation and have the same information as condemning entities.