The Facts

* Though the Texas Constitution allows property to be taken only for a public use, Texas law allows the government to take property and use it for any purpose. 

* The San Antonio Water System acquired approximately 2,500 acres under the threat of eminent domain for the “Applewhite Reservoir.” The reservoir was never built, and much of that land today is being used for a Toyota truck manufacturing plant and a land heritage preserve. 

* SB 18 from the 82nd Texas Legislature was supposed to solve this problem, but instead its “buy-back” provision is completely ineffective.


* Grant property owners the right to repurchase their property if the initial use of a property acquired from them through eminent domain is not the public use for which the property was acquired.

* Ban the initial use of property acquired through eminent domain for any use other than the use for which it was acquired.