Lege Trend. Eminent Domain & Property Owner Compensation. How Does Texas Measure Up?

Compensation & Valuation:

  • TX + 28 states use the Broad Instruction Approach
    • Broad Instruction Approach provides minimal instruction on compensation
  • 17 states use the Factor Based Approach
    • Factor Based Approach specifically lays out what considerations should be followed by the court in determining the fair market value of the land. 
    • Seeks to ensures that relevant information is considered in every condemnation case 

A consideration for Texas:

Adopting “a Factor Based or Specific Rates approach may be advantageous if Texas policy makers wish to ensure uniformity and protect certain property types across the state.”

Texas A&M | A SURVEY OF EMINENT DOMAIN LAW IN TEXAS AND THE NATION 

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