CP-021: Use of Eminent Domain Authority for Park Acquisition

TPWD is authorized to acquire park sites devoted to public use through condemnation with payment of adequate compensation (Parks and Wildlife Code §21.103). The Commission recognizes eminent domain is an extraordinary power with immense impact to private landowners. The Commission recognizes the importance of its relationships with private landowners to manage fish and wildlife resources and will not exercise the power of eminent domain to take residences, farms, or ranches.

The Commission will limit the use of its eminent domain authority to involuntarily take private property for park sites to only exceptional and unusual circumstances as specified by this policy.

An “exceptional and unusual circumstance” means when property was previously dedicated to public use as a park and the property owner rejects an offer(s) to voluntarily convey the property. In exercising the power of eminent domain, the Commission will consider factors like the amount of public investment in the property, the level of public support for the acquisition, the number of visitors served by the property while dedicated to public use, and the natural and cultural resources of the property.

This policy does not restrict the Commission’s use of eminent domain when requested by the property owner(s), such as when necessary to clear title for a donation or sale of the property to TPWD.