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Texas Constitution art. 1 §17
In force on Mar 16, 2021 · this text took effect (date not stated) · same as today's text
TAKING PROPERTY FOR PUBLIC USE; SPECIAL PRIVILEGES AND IMMUNITIES; CONTROL OF PRIVILEGES AND FRANCHISES
(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.
(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.
(Feb. 15, 1876. Amended Nov. 3, 2009.)
History:
Source: the Legislature's file server, seen Feb 16, 2022 to Nov 08, 2026.
Every version on file
- Effective date not stated · seen Feb 2022–Nov 2026
- Effective date not stated · seen Jun 2018–Feb 2022
Attorney General opinions that cite it
- KP-0363 (Mar 16, 2021): Whether under the Utilities Code the Public Utility Commission has the legal authority to issue orders affecting pricing for the wholesale electricity market and ancillary services
- KP-0155 (Jun 09, 2017): Whether under certain circumstances municipal tree preservation ordinances may violate the Takings Clause of the Texas Constitution
- KP-0133 (Aug 26, 2016): Whether the proposed Upper San Saba River Management Plan unlawfully delegates legislative power to a private entity
- GA-0835 (Jul 16, 2010): Constitutionality of Texas Transportation Code section 251.053, concerning a commissioners court's declaration of a public road DM-0478 ( 1998 ) Affirmed by
- JM-0886 (Apr 06, 1988): Constitutionality of 2601 N. Lamar Blvd. article 342-803a, V.T.C.S., Austin, Texas 78705 which permits the sale of the assets of a bank with- out shareholder approval in certain circumstances
- JM-1170: Conveyance of land from the and Public Transportation Texas Department of Corrections Dewitt C. Greer State Highway Building to the State Department of Highways and Public Transporta- 11th h Brazes tion
A research copy. The official text is the Legislature's (statutes), the Secretary of State's (Texas Administrative Code) or eCFR's (federal rules). Not legal advice.