Commission Meeting Agenda Item No. 3
Presenter: James Murphy

Action
Commission Policy on Use of Eminent Domain
Recommended Adoption of Proposed Policy
August 24, 2023

I.      Executive Summary: Staff seeks adoption of a Texas Parks and Wildlife Commission (Commission) policy regarding the Commission’s use of eminent domain authority for park acquisition.

II.    Discussion: Parks and Wildlife Code section 21.103 authorizes Texas Parks and Wildlife Department (TPWD) to acquire park sites through condemnation with payment of adequate compensation to the landowner. Given this authority’s significant potential impact to private landowners, the Commission desires to enact a policy limiting its use of this authority to provide public confidence that it will be used exceedingly sparingly and only under specified circumstances.

The policy provides that the Commission will not exercise the power of eminent domain to take residences, farms, or ranches. In addition, the Commission will not use eminent domain to involuntarily take private property for park sites except under exceptional and unusual circumstances, which is when property was previously dedicated to public use as a park or similar outdoor recreation area and the property owner rejects an offer(s) to voluntarily convey the property. The Commission will consider various factors in determining whether to use eminent domain, including 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. The Commission reserves the right to use eminent domain to acquire a property if requested by the property owner, which may occur when eminent domain is needed to clear title for a proposed donation or sale of the property to TPWD.

III.   Recommendation: Staff recommends that the Commission adopt the proposed motion:

“The Texas Parks and Wildlife Commission adopts Commission Policy CP-021, Use of Eminent Domain Authority for Park Acquisition, attached as Exhibit A.”

Commission Agenda Item No. 3
Exhibit A

COMMISSION POLICY (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 or similar outdoor recreation area 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.