Bell Nunnally Partner Jonathan A. Aldaco and University of South Carolina Joseph F. Rice School of Law Student Katherine Steele co-authored the Texas Lawyer article, “‘Yellowstone’ Fiction, Texas Eminent Domain Reality.”

The article uses the popular television series Yellowstone as a backdrop to examine how eminent domain operates in Texas and other growing regions. Drawing on the Texas Supreme Court’s decision in KMS Retail Rowlett v. City of Rowlett, Aldaco and Steele explore how courts analyze “public use” and the scope of a condemning authority’s powers.

As the authors explain, the series provides “a fictitious, but important, look into a very real topic in Texas and other growing regions of the United States.” The court in KMS, they note, held that “the mere fact that a private company will benefit from a taking is not enough to deprive the use of its public character.”

The piece also addresses practical considerations for landowners, including the impact of condemnation on highest and best use, zoning restrictions and damages to the remainder when determining compensation. In the concluding paragraph they note, “The Yellowstone series provides a fictitious, but important, look into a very real topic in Texas and other growing regions of the United States. As developers seek to move into cities and transform the land, it is imperative that landowners be aware of the surrounding case law and options that are available to them, including the lasting effects of their land being taken.”

To read the full article, please click here.