6.3.11 Eminent Domain Process
TxDOT first attempts to acquire property through voluntary negotiations. If no agreement is reached, the department begins the eminent domain process, in which the State can purchase private property if an owner refuses to sell. Eminent domain is also used in cases to clear ownership and title issues. Refer to TxDOT’s
ROW Eminent Domain Manual
for additional information.Considerations for the eminent domain process:
- Eminent domain cannot be used to acquire property prior to environmental clearance; and
- Parcels may not be placed on the eminent domain minute order until environmental clearance is achieved.
Eminent domain proceedings can be time consuming, and the project’s schedule should take this into account.