The process of exercising eminent domain is called condemnation. According to the Texas Property Code,
If an entity with eminent domain authority wants to acquire real property for public use but is unable to agree with the owner of the property on the amount of damages, the entity may begin a condemnation proceeding by filing a petition in the proper court.
To condemn is “to declare to be reprehensible, wrong, or evil usually after weighing evidence and without reservation .” So, what does the exercise of eminent domain declare to be reprehensible, wrong, or evil?
Eminent domain is used to acquire property for a “public use” when the rightful owner will not voluntarily sell. Eminent domain forces him to sell when he seeks to impede a project that will allegedly benefit “the public.” Fundamentally, it is his recalcitrance that is condemned. He is condemned for placing his desires and interests before the “public interest.”
Government officials have declared that certain types of projects, such as pipelines, railroads, and border walls serve “the public.” Their declarations take precedence over the desires and interests of the individuals comprising the public. If an individual does not agree with government officials and “voluntarily” sell his property, he (and his property) will be condemned.
Property rights protect our freedom to create, use, keep, trade, and dispose of material values. Property rights protect our freedom to attain and use material values to sustain and enhance our lives, to pursue our own self-interest.
Eminent domain declares that our right to property is conditional. If government officials declare that our property can be used for better purposes–the “public interest”–then we should be denied the freedom to pursue our own interests. We should be forced to sacrifice our interests for “the public.” And we will be condemned for our willingness to think for ourselves.