Compensation & Valuation:
- TX + 28 states use the Broad Instruction Approach
- Broad Instruction Approach provides minimal instruction on compensation
- 17 states use the Factor Based Approach
- Factor Based Approach specifically lays out what considerations should be followed by the court in determining the fair market value of the land.
- Seeks to ensures that relevant information is considered in every condemnation case
A consideration for Texas:
Adopting “a Factor Based or Specific Rates approach may be advantageous if Texas policy makers wish to ensure uniformity and protect certain property types across the state.”
Texas A&M | A SURVEY OF EMINENT DOMAIN LAW IN TEXAS AND THE NATION