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What is "public use?"

The eminent domain power is limited to taking private property for public use only. Normally, one thinks of easements for transmission lines or pipelines, a right of way for a road or highway, or the construction of a housing development or military installation. However, the definition of "public use" was greatly expanded by the United States Supreme Court in Kelo v. City of New London in 2005. Litigating whether a proposed taking is for a public use or not is often a central component of a condemnation case, along with the determination of just compensation.

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Attorney Profile

Dallas area attorney Kenneth A. Wright has been practicing eminent domain and condemnation law in Texas for over 35 years. Together with Associate Attorney Warren Wright, the Law Offices of Kenneth A. Wright continues to uphold...

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