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{{DISPLAYTITLE:Article I, Section 17 of the Texas Constitution (''<small>"Taking Property for Public Use; Grant of Special Privileges | {{DISPLAYTITLE:Article I, Section 17 of the Texas Constitution (''<small>"Taking Property for Public Use; Grant of Special Privileges"</small>'')}}{{Texas Constitution|text=As amended November 3, 2009: | ||
(a) 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: (1) the ownership, use, and enjoyment of the property, notwithstanding an incidental use, by: (A) the State, a political subdivision of the State, or the public at large; or (B) an entity granted the power of eminent domain under law; or (2) the elimination of urban blight on a particular parcel of property. | '''(a) 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: (1) the ownership, use, and enjoyment of the property, notwithstanding an incidental use, by: (A) the State, a political subdivision of the State, or the public at large; or (B) an entity granted the power of eminent domain under law; or (2) the elimination of urban blight on a particular parcel of property.''' | ||
(b) In this section, "public use" does not include the taking of property under Subsection (a) of this section for transfer to a private entity for the primary purpose of economic development or enhancement of tax revenues. | '''(b) In this section, "public use" does not include the taking of property under Subsection (a) of this section for transfer to a private entity for the primary purpose of economic development or enhancement of tax revenues.''' | ||
(c) On or after January 1, 2010, the Legislature may enact a general, local, or special law granting the power of eminent domain to an entity only on a two-thirds vote of all the members elected to each | '''(c) On or after January 1, 2010, the Legislature may enact a general, local, or special law granting the power of eminent domain to an entity only on a two-thirds vote of all the members elected to each House.''' | ||
(d) When a person's property is taken under Subsection (a) of this section, except for the use of the State, compensation as described by Subsection (a) shall be first made, or secured by a deposit of money; and no irrevocable or uncontrollable grant of special privileges or immunities shall be made; but all privileges and franchises granted by the Legislature, or created under its authority, shall be subject to the control thereof. | '''(d) When a person's property is taken under Subsection (a) of this section, except for the use of the State, compensation as described by Subsection (a) shall be first made, or secured by a deposit of money; and no irrevocable or uncontrollable grant of special privileges or immunities shall be made; but all privileges and franchises granted by the Legislature, or created under its authority, shall be subject to the control thereof.''' | ||
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* ''Buffalo Bayou, B. & C.R. Co. v. Ferris'', 26 Tex. 588, [https://texaslegalguide.com/images/026_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/026_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=Article I, Section 17 of the Texas Constitution ("Taking Property for Public Use; Grant of Special Privileges | |seo_title=Article I, Section 17 of the Texas Constitution ("Taking Property for Public Use; Grant of Special Privileges") | ||
|seo_keywords=eminent domain<!--term is key search term-->, Article 1 Section 17, takings clause | |seo_keywords=eminent domain<!--term is key search term-->, Article 1 Section 17, takings clause | ||
|seo_description=No person's property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made. | |seo_description=No person's property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made. | ||