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Texas Constitution:Article I, Section 17: Difference between revisions
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Texas Constitution:Article I, Section 17 (view source)
Revision as of 10:56, July 10, 2023
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Over the years, the section has been heavily litigated at each level of the state's judiciary. And, not surprisingly, a significant number of scholarly articles have been written regarding the state's takings jurisprudence. See, e.g., Chloe Stevens, ''Raising Constitutional Eyebrows on Private Takings and Due Course of Law: Where Do We Go from Here?'', 70 Baylor L. Rev. 666, [https://www.baylor.edu/law/review/doc.php/335429.pdf#page=19 684] (2018) (footnotes omitted) ("Traditionally, the Texas courts have applied rational basis review of a governmental regulation that results in a taking. These regulatory takings can happen in a variety of different ways: eminent domain, condemnation, inverse condemnation, and zoning ordinances."). | Over the years, the section has been heavily litigated at each level of the state's judiciary. And, not surprisingly, a significant number of scholarly articles have been written regarding the state's takings jurisprudence. See, e.g., Chloe Stevens, ''Raising Constitutional Eyebrows on Private Takings and Due Course of Law: Where Do We Go from Here?'', 70 Baylor L. Rev. 666, [https://www.baylor.edu/law/review/doc.php/335429.pdf#page=19 684] (2018) (footnotes omitted) ("Traditionally, the Texas courts have applied rational basis review of a governmental regulation that results in a taking. These regulatory takings can happen in a variety of different ways: eminent domain, condemnation, inverse condemnation, and zoning ordinances."). | ||
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* ''Buffalo Bayou, B. & C.R. Co. v. Ferris'', 26 Tex. 588, [https://texaslegalguide.com/images/26_Tex._588.pdf#page=11 598] (1863) ("It cannot be questioned that a railroad for general travel, or the transportation of produce for the country at large, is a 'public use,' for the construction of which private property may be taken or applied upon adequate compensation for it being made. That the road for the construction of which the property when taken is to be applied is a corporation of private individuals to whose benefit the profits of the road, when complete, will alone accrue, furnishes no valid objection to such appropriation of private property.") | * ''Buffalo Bayou, B. & C.R. Co. v. Ferris'', 26 Tex. 588, [https://texaslegalguide.com/images/26_Tex._588.pdf#page=11 598] (1863) ("It cannot be questioned that a railroad for general travel, or the transportation of produce for the country at large, is a 'public use,' for the construction of which private property may be taken or applied upon adequate compensation for it being made. That the road for the construction of which the property when taken is to be applied is a corporation of private individuals to whose benefit the profits of the road, when complete, will alone accrue, furnishes no valid objection to such appropriation of private property.") | ||
|seo_title= | |seo_title=Article I, Section 17 of the Texas Constitution ("Taking Property for Public Use; Grant of Special Privileges and Immunities") | ||
|seo_keywords= | |seo_keywords=Article 1 Section 17, Texas Takings Clause, eminent domain | ||
|seo_description= | |seo_description=No person's property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made. | ||
|seo_image_alt=Texas Bill of Rights | |seo_image_alt=Texas Bill of Rights | ||
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[[Category:Eminent Domain]] | [[Category:Eminent Domain]] | ||
[[Category:TxCon ArtI Sec]] | [[Category:TxCon ArtI Sec]] | ||