Section 17, Article I, Texas Constitution

, provides that “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, when taken, except for the use of the State, such compensation shall be first made, or secured by a deposit of money....” Judicial decisions have defined “adequate compensation” to be based on “market value”, as a general rule. In simple terms, the State shall not acquire private property without paying fair compensation to the landowner.

The property owner, however, may not accept the appraiser's opinion of market value as just compensation. If agreement between the acquiring agency and the property owner cannot be reached through negotiation, eminent domain (ED) proceedings must be initiated to acquire the property interest.