Public Utilities, Eminent Domain, and Local Land Use Regulations: Has Texas Found the Proper Balance?

Authors

Michael B. Kent Jr.

Publication Date

10-1-2009

Document Type

Article

Abstract

Using Texas as a case study, this article reviews the relevant Texas law on the subject and (expanding on the reasoning employed by the recent federal decision) argues that Texas law in fact provides a constructive balance between a utility's interests and those of the local government. Moreover, the balanced approach established by the Texas cases provides a model for other jurisdictions due to the incentives it provides for bargaining between the utility company, the local government, and community leaders.

DOI

10.37419/TWLR.V16.I1.4

First Page

29

Last Page

56

Recommended Citation

Michael B. Kent Jr., Public Utilities, Eminent Domain, and Local Land Use Regulations: Has Texas Found the Proper Balance?, 16 Tex. Wesleyan L. Rev. 29 (2009).
Available at: https://doi.org/10.37419/TWLR.V16.I1.4