Compared to many other countries around the world, the United States has fewer ancient monuments and historic buildings. Most of our residential and commercial properties have been constructed relatively recently, apart from a few structures that may date back to Colonial times. In recent decades, the push for more homes and retail centers in cities and suburbs has accelerated, especially as individuals and families relocate to different areas for employment or schooling opportunities. Alongside this flurry of new construction comes the desire from some community members to preserve buildings and properties that hold cultural or architectural significance. Areas where new construction or development projects have been announced often have public forums to discuss the proposed project and explore the potential impacts of the project on private property, existing structures and buildings, and nearby natural landscapes. Although federal and state constitutions provide government entities with eminent domain power—allowing qualifying bodies to seize private property for projects intended for public use—private landowners have the right to contest the imminent condemnation proceedings or push for a more just compensation award in exchange for their land. This post will provide a quick overview of the condemnation process in Alabama and Texas and explore how landowners may preserve historic properties from eminent domain action.
Understanding the Basics of Eminent Domain and Condemnation
First, it’s helpful to understand how state and federal constitutions define eminent domain. Eminent domain is “the power of the sovereign, or those on whom such power has been conferred, to take property, or interests in property, for public use and upon payment of just compensation.” When an entity wishes to invoke its eminent domain power, it will initiate a legal process called condemnation. For example, if the Department of Transportation proposes to build a new highway to improve traffic flow (a goal that meets the “public use” requirement), it can invoke its eminent domain authority to seize private land on which to build this new road system. However, the entity must provide the private landowner with “just compensation,” a relatively vague and open-ended term. The condemning authority must notify the affected property owner of the impending project and make an offer that reflects a fair value for taking the property. However, it’s essential to recognize that property owners have the right to involve an independent appraiser to determine a more comprehensive valuation and use this information to negotiate more compensation from the condemning authority. Condemnation appraisals are very different from other appraisals so it is important to retain the right type of appraiser with the necessary skill set. An experienced condemnation attorney will be able to assist you in locating the best appraiser for your situation.
Your Rights as a Property Owner in Alabama or Texas
Receiving a condemnation letter can be a confusing and overwhelming experience, especially if you had no idea of an impending construction project in your community. These letters are often worded in such a way that makes it seem as if you have no recourse for asking questions or contesting the matter. Fortunately, Alabama and Texas have some of the most robust protections in the country for private landowners. Private property owners are entitled to due process in all condemnation proceedings, and all parties must adhere to a specific set of rules and procedures. As a property owner, you have the right to reject the condemning authority’s offer. When this occurs, the matter will move to probate court where the award will be determined by a set of three special commissioners appointed to take testimony and enter an award of just compensation. If you are not satisfied with the probate court award you may appeal to the circuit court in Alabama or district court in Texas where a jury will hear the case and enter an award of just compensation. The last place a condemning authority wants to be is in front of a jury. That is why it is important to have an experienced condemnation attorney representing you who knows how to take the condemning authority straight where it does not want to go.
Historic Preservation and Eminent Domain
When a proposed construction project impacts buildings or land of cultural or architectural significance, enlisting the guidance of an experienced condemnation lawyer is essential. These matters can become complex and contentious quickly, so make sure you have a trusted and knowledgeable legal advocate by your side at every stage of the process. In some cases, eminent domain has been used to preserve historic landmarks. For instance, the Court allowed the use of eminent domain to expand the Gettysburg National Military Park to benefit the public through historic preservation. However, in preserving this valuable historic monument, many private landowners had to give up their land in exchange for compensation.
Eminent domain can be used to preserve historic sites and culturally significant monuments, but what happens when condemnation proceedings begin that impact a historic building? Most local governments have implemented zoning designations to prevent the destruction or removal of historic districts or buildings. However, there is no sweeping law that applies to every case; instead, each situation must be assessed carefully to determine the most appropriate and equitable course of action. If your property contains a historical landmark or other structure of architectural significance, you should contact an experienced condemnation attorney as soon as possible to discuss your options for maximizing your compensation award or preserving the integrity of your land.
Empowering You to Make Informed Decisions
Eminent domain laws are notoriously nuanced and complex, making it difficult for the average person to understand their options. As soon as you hear of a proposed construction project in your area, get in touch with a skilled and trusted condemnation attorney who can answer your questions, address your concerns, and empower you to move through the process on offense, not on defense. Every condemnation case is unique—you’ll want to work with someone who understands how to advocate for your best interests and defend your legal rights. The sooner you reach out to an experienced condemnation lawyer, the more time you will have to develop a customized and effective legal strategy to maximize your chances of obtaining a fair and favorable outcome.
The dedicated legal team at Sewell Sewell Beard LLC is committed to helping property owners understand their condemnation and eminent domain rights. We’ve been doing this for 39 years. Call our Jasper, Alabama office at (205) 544-2350 or our Prosper, Texas office at (972) 777-5390 today to discuss your options with an experienced eminent domain attorney.
