Students at the Texas A&M University School of Law recently published a white paper offering a survey of eminent domain laws in Texas and around the country.  This document, “A Survey of Eminent Domain Law in Texas and the Nation” was prepared by the students and presented to members of the Texas Legislature.  It is a very interesting paper, particularly in light of the eminent domain reform bills currently working their way through the Texas Legislature.

It is a very interesting paper, particularly in light of the eminent domain reform bills currently working their way through the Texas Legislature.  For example, many of you may know that Texas law does not currently have an attorney fee provision that would allow a landowner to recover his or her attorney’s fees if they are able to recover more money for their property than was initially offered by the condemnor.  This is one of the major changes that is included in the pending eminent domain reform legislation, Senate Bill 740, currently in the Texas Legislature.  This paper looks at the availability of attorney fee recovery across the nation and provides maps and discussions of what statutes exist in different states.

I’d highly recommend that anyone interested in eminent domain law take the time to read over this report.  Excellent work by the TAMU School of Law Students!