Owning property in Texas endows you with several rights. However, there are circumstances in which a government entity may invoke its power (known as eminent domain) to seize private land in exchange for compensation, as long as the entity can demonstrate that the proposed project will benefit the public. For instance, if a local, state, or federal transportation department wants to expand a highway or establish a new public park, it has the power to take private property and convert it accordingly. Both the Federal and Texas Constitutions require the seizing entities to pay landowners “just” or “adequate” compensation, but these vague terms can lead to legal disagreements and disputes. If an entity is attempting to exercise its eminent domain authority to obtain your property in Texas, it’s in your best interest to contact a skilled and experienced eminent domain and condemnation attorney right away.
What is Eminent Domain?
All levels of government recognize that there are certain instances in which a proposed project that benefits the public in some way necessitates the taking and conversion of private property to achieve this goal. According to Section 17 of the Texas Constitution, “No person’s property shall be taken, damaged, or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person, and only if the taking, damage, or destruction is for: (1) the ownership, use, and enjoyment of the property, notwithstanding an incidental use, by: (A) the State, a political subdivision of the State, or the public at large; or (B) an entity granted the power of eminent domain under law; or (2) the elimination of urban blight on a particular parcel of property.” According to this definition, an entity wishing to exercise its eminent domain power must demonstrate that the proposed project benefits the public and it must provide the landowner with “adequate” compensation in exchange for their property. Once an entity decides to move forward with a project, it will initiate the condemnation process (which refers to the act of taking a landowner’s property through a formal legal process).
Common Examples of Condemnation Projects in Texas
As long as an entity endowed with the power of eminent domain can justify invoking this authority by benefiting the public, it will initiate the condemnation process and start seizing property from private landowners. Common condemnation projects include constructing or expanding roadways, installing a new transportation system, expanding electric lines or oil pipelines, installing a park, or investing in another public facility. In some instances, eminent domain may be invoked to build a new shopping center, stadium, or another source of entertainment. It’s important to recognize that property owners have the right to dispute a proposal relating to eminent domain if they believe that the condemnor lacks the authority to seize property or that the proposed project is not for public use. Contact a trusted Texas condemnation lawyer to discuss your concerns.
Understanding Your Rights as a Texas Landowner
Most property owners are unsure how to respond to a condemnation letter. Unfortunately, they may assume that they lack the right to push for a more equitable amount of compensation. Many entities wishing to exercise their eminent domain authority attempt to take advantage of landowners by making them lowball offers, hoping that property owners will assume they have no choice but to accept this initial offer. Although the term “adequate compensation” refers to the fair market value of the property, many condemning entities will deploy an appraiser who will not provide a comprehensive and thorough valuation of the property. It’s essential that you recognize your legal right to negotiate with the condemning authority and work with an appraiser of your choosing to counter with a more accurate valuation of your property. If necessary, the matter can move to court to be resolved.
The Benefits of Working With a Texas Condemnation Lawyer
When you learn that a government entity intends to seize your land, it’s natural to feel overwhelmed by this prospect. Your first step should be to reach out to an experienced Texas condemnation attorney who can assess every detail of your situation and help you understand your legal rights and options. Depending on the nature of the proposed project, you and your attorney may decide to challenge the entity’s eminent domain authority or question whether the project is actually for public use. If the condemnation letter includes an appraisal that falls far short of your property’s market value, you and your attorney can develop a strategy to obtain a more equitable settlement offer. Although you may feel stressed and intimidated during this challenging time, you do not have to go through this experience alone. Your attorney will work with you to ensure you understand your rights so you can make informed decisions at every step of the legal process.
If you need help with a condemnation matter, the dedicated legal team at Sewell Sewell Beard LLC is here to help. Call our Alabama office (205) 544-2350 or our Texas office (972) 777-5390 today to get started.
