In an effort to balance the demands of civic projects and private property rights, the Texas Parks and Wildlife Commission recently adopted a policy that strictly limits its use of eminent domain. Emphasizing respect for private landowners, the policy was instituted during an August meeting, where it was agreed that the Texas Parks and Wildlife Department (TPWD) will limit its acquisition of private property for public park sites.
This significant policy primarily applies to property previously earmarked for public use as a park and will only be invoked under exceptional and unusual circumstances. According to Commission Chairman Arch “Beaver” Aplin III, this move aims to curtail any undue infringement on private property.
Further clarification from the Chairman reiterated that the policy explicitly restricts TPWD from using eminent domain to condemn private residences, farms or ranches. Section 21.103 of the Parks and Wildlife Code permits the TPWD to acquire park sites through condemnation with the landowner being compensated with the fair market value of their property.
As Central Texas continues to develop, both public and private parties are increasingly navigating the challenges that come with land acquisition. This new policy serves as an essential guide to realtors, developers, and landowners alike as they strive to understand how these evolving regulations impact their respective interests. Also crucial to this discussion is how the policy influences land value and real estate trends, particularly when one considers the increasing demand for public spaces in rapidly growing regions.
For more information on how changes in local and state policies influence real estate development in Central Texas, stay tuned to Yee-Haw Development Marketing Group’s blog.
This article was inspired by recent news [Link].