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Concern about "rights" often is expressed these days and in Texas, private property rights have always been important.

Reflecting the truth of that claim, Texas has three times more privately owned land than any other state. The state leads the nation in private property ownership.

"From the Panhandle to the Piney Woods, Texas is a place where citizens - not the government - own the land," said Texas Attorney General Greg Abbott.

The distinction matters, he added, "Because private landownership lies at the heart of our democratic, free-market system." President William Howard Taft recognized this important principle in making this observation: "Next to the right of liberty, the right of property is the most important individual right guaranteed by the Constitution."

It also is highly important that Texas landowners be informed about their rights as private property owners.

To help ensure an effort to make state landowners aware of their private property rights, the Texas Legislature asked Abbott's office to draft a Texas Landowner's Bill of Rights.

Abbott explained that as attorney general, he can neither make new laws nor change existing law. The legislature has that exclusive authority.

The ultimate goal of the new landowners' Bill of Rights is not to make or alter laws, but to make existing laws accessible by explaining complicated legal concepts in a manner that can be easily understood, the state official said.

Central focus of the document is eminent domain, Abbott said. Although the U.S. and Texas Constitutions contain protections for property owners, some governmental and private entities have the ability to take private property for public use under certain circumstances.

When a local power company needs to build a new power line, for example, it can acquire private land to house infrastructure that serves the public interest. But when even the narrowest sliver of land is taken for a public purpose, the landowner must be adequately compensated for the property.

Under Texas law, Abbott noted, eminent domain is the legal authority to take private property for public use. The takings process itself is called condemnation.

Effective Feb. 1, 2008, Texas property cannot be taken unless the condemning authority first provides the Landowner's Bill of Rights to the affected property owners. All rights outlined in this document apply every time any entity uses eminent domain to take a Texas landowner's private property, Abbott stressed.

Ten basic principles are included in the Texas Landowner's Bill of Rights.

The property owner is entitled to receive adequate compensation if the property is taken for a public use. Property can only be taken for a public use. Property can only be taken by a governmental entity or private entity authorized by law to do so. The entity that wants to take the property must notify the owner about its interest in taking the property.

The entity proposing to take the property must provide the owner with an assessment of the adequate compensation for the property. The entity proposing to take the property must make a good faith offer to buy the property before it files a lawsuit to condemn the property. The property owner may hire an appraiser or other professional to determine the value of the property or to assist in any condemnation proceeding.

The property owner may hire an attorney to negotiate with the condemning entity and to represent the owner in any legal proceedings involving the condemnation. Before a property is condemned, the owner is entitled to a hearing before a court-appointed panel that includes three special commissioners. If the property owner is not satisfied with the compensation awarded by the special commissioners, or questions whether the taking of the property was proper, the owner has a right to a trial by jury.

The Texas Landowners' Bill of Rights, along with an explanation of the condemnation process, is available at www.texasattorneygeneral.gov.

Texans should be aware that this Bill of Rights now is available and consult the document should their property face condemnation.

In a state where private property rights are a tradition and 95 percent of property is privately owned, this new document is welcomed to help owners better know and understand their legal rights.