WHEREAS, the right to private property is a foundational principle of Liberty and a core component of the American and Texan way of life – a right guaranteed by both the United States and Texas Constitutions; and

WHEREAS, under the Fifth Amendment, the Constitution of the United States guarantees that private property shall not be taken for public use without just compensation; and

WHEREAS, eminent domain – the power of the government or delegated private entities to seize private property for essential public infrastructure such as roads, schools, and utilities, with compensation – should be strictly limited and exercised only under conditions of clear, immediate, and compelling public necessity; and

WHEREAS, the definition of “public use” has been judicially and legislatively expanded to include projects justified by speculative future economic development, tax revenue increases, or private partnerships; and

WHEREAS, the current eminent domain laws in Texas have allowed for the taking of private property for purposes that have disproportionately benefitted private interests, under the pretense of public use or economic development; and

WHEREAS, many rural landowners, ranchers, family farms, multi-generational family properties, and small communities have been disproportionately harmed by eminent domain projects, threats and takings with inadequate transparency, insufficient compensation, and limited legal recourse; and

WHEREAS, recent projects, including proposed reservoirs and infrastructure developments, have raised serious concerns about the misuse of eminent domain to displace communities and transfer land to private or quasi-governmental entities without clear, immediate, direct public necessity; and

WHEREAS, many such projects have boosted urban growth and private developers at the direct expense of rural communities, natural ecosystems, and agricultural lands; now

THEREFORE, BE IT RESOLVED that the Republican Party of Texas urges the Texas Legislature to uphold the original standard for eminent domain in which true public necessity must first be demonstrated through transparent, accountable planning processes with ample opportunity for local input, environmental review, and economic justification when all other resources have been exhausted; and

BE IT FURTHER RESOLVED that the Republican Party of Texas calls upon the Texas Legislature and all relevant state agencies to implement the following measures:

1. Eminent Domain Reform

The Texas Legislature should introduce legislation to:

  • Replace all references to “public use” within the Texas Constitution and relevant statutes with “public necessity”;
  • Reform eminent domain statutes to strengthen protections for property owners by clearly defining “public necessity” to exclude private development and speculative projects;
  • Prohibit the use of eminent domain for any project primarily driven by economic development purposes, speculative population or tax growth, real estate or commercial development, and public-private partnerships that provide private economic return;
  • Prohibit the delegation of eminent domain authority to private companies, unelected boards, or entities that stand to profit from the land acquisition;
  • Require rigorous public necessity findings before any eminent domain power is exercised within the given location or any downstream and surrounding areas, including economic, environmental, and community impact assessments;
  • Require any entity exercising eminent domain to prove immediate public necessity through a third-party, independent review board, demonstrate that no less intrusive options exist, and show that the project benefits the local population where the taking occurs;
  • Mandate transparent, participatory planning processes for all proposed projects involving eminent domain, including public hearings and meaningful local stakeholder engagement;
  • Mandate a public referendum for any eminent domain project exceeding 100 acres or affecting more than ten property owners;
  • Ensure fair, timely, and full compensation of no less than 200% of fair market value to property owners, thereby accounting for long-term land value, relocation costs, damages, and emotional and cultural loss of agricultural, residential, and environmentally sensitive land;
  • Create legal safeguards and independent oversight mechanisms to review eminent domain cases and provide property owners with accessible avenues for appeal and redress;
  • Establish a right of reversion whereby if land acquired through eminent domain is not used for its original stated purpose within ten years, it must be offered to the previous owner at the original compensation rate plus inflation;

2. Protection of Agricultural and Natural Lands

The Texas Legislature should create special protections:

  • For prime farmland, timberland, watersheds, bottomland hardwood forests, and multi-generational ranches and homesteads;
  • To ensure that the affected lands may only be condemned by eminent domain upon an absolute showing of unavoidable, immediate public necessity and only with a two-thirds affirmative vote of the local electorate.

 

Footnote:

“Public necessity” means a project that is essential to address an immediate and critical need for public infrastructure or services that directly benefit the general population and cannot reasonably be provided through any alternative means.